Notice on behalf of opposite parties no. 1 & 2 has been accepted by learned Chief Standing Counsel.Sri R. P. Verma, Advocate has accepted notices on behalf of opposite parties no. 3 & 4.
In view of the order proposed, issuance of notices to opposite parties no. 5 & 6 is dispensed with.
Heard learned counsel for parties and perused pleadings of the writ petition.
By means of present writ petition, the petitioner has challenged the impugned order dated 07.1.2012, passed by District Magistrate, Ambedkar Nagar by which petitioner's representation dated 03.10.2011 and 09.8.2011 have been rejected thereby cancelling the selection of the petitioner on the post of 'Cook'.
Submission of learned counsel for petitioner is that the impugned order has been passed on the basis of wrong facts as in the institution Vikas and Vivek, sons of the petitioner's Devar namely, Man Bharan are studying in class I and IV and the petitioner is 'Tai' of the children. As such, she was rightly selected on the post of Cook.
The District Magistrate, Ambedkar Nagar while examining the issue in pursuance to the order dated 14.9.2011, passed in Writ Petition No. 6377 (SS) of 2011, passed the impugned order without affording any opportunity to the petitioner . It appears that correct facts could not be placed before the District Magistrate and, therefore, in the impugned order it has come that no children relating to the petitioner is studying in the institution.
On due consideration, this Court finds that the impugned order has been passed without affording any opportunity to the petitioner because of which correct facts could not be appreciated by the District Magistrate.
Writ Petition is, therefore, allowed thereby quashing the impugned order dated 07.1.2012, passed by the District Magistrate, AmbedkarNagar, as contained in Annexure No. 1 to the writ petition.
The matter is remanded back to the District Magistrate, Ambedkar Nagar with the direction to re-examine the issue and pass afresh order after affording due opportunity to the petitioner as well as all other concerned persons, within period of one month from the date of receipt of certified copy of this order and the order so passed, be also communicated to the petitioner.
Order Date :- 6.2.2012 ashok