1. RULE.
Shri Pranav Dave, learned AGP waives service of rule on behalf of the respondents.
2. With the consent of the learned advocates appearing on behalf of the respective parties, the present Special Civil Application is taken up for final hearing today.
3. By way of the present petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned communication dated 02/09/2008 by which the application of the petitioner for appointment on compassionate ground as a Driver has been rejected.
4. It appears from the impugned communication dated 02/09/2008 that the authority has relied upon the circular issued by the General Administration Department dated 02/08/1984 and communicated to the petitioner that as the petitioner is not fulfilling all the requirements, as provided in the Circular dated 02/08/1984, the application of the petitioner has been rejected.
5. Shri Pranav dave, learned AGP has submitted that there is a typographical error in mentioning the date of the Circular as 02/08/1994. It is submitted that in fact it should be 02/08/1984.
6. Be that as it may. From the communication dated 02/09/2008, nothing is reflected in the said communication and/or decision that how the petitioner is not fulfilling the criteria for appointment as a Driver as per the Circular dated 02/08/1984 of the General Administration Department. Unless the petitioner is made aware the ground and how the petitioner is not fulfilling the requisite criteria and requirements of the petitioner as a Driver, the petitioner will not be in a position to know and assail the same. Under the circumstances on the aforesaid ground, the impugned decision deserves to be quashed and set aside and the matter is to be remanded to the appropriate authority, who has passed the impugned order, to pass a speaking reasoned order informing the petitioner how the petitioner is not fulfilling the requirement for appointment of the petitioner as as Driver as per the Circular of General Administration Department dated 02/08/1984.
7. In view of the above and for the reasons stated hereinabove, without further expressing any opinion in favour of the petitioner, the impugned communication dated 02/09/2008 is hereby quashed and set aside and the matter is remanded to the authority, who has passed the order dated 02/09/2008, by further directing the said authority to pass a speaking order informing the petitioner how the petitioner is not fulfilling the requisite criteria as per the circular of the General Administration Department dated 02/08/1984 upon which reliance has been placed by the authority. Such an exercise to be made within a period of three months from today and communicate the outcome of the same to the petitioner within a period of 15 days thereafter.
8. With this, the present Special Civil Application is allowed. Rule is made absolute to the aforesaid extent. No cost.
Direct service is permitted.
(M.R.
SHAH, J.) siji Top