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    Tej Pal Singh Negi Petitioner v. State & Ors. S

    Hon'ble Tarun Agarwala, J.

    The petitioner was appointed as a Junior Clerk by an order dated 12.12.1997 Based on this appointment letter, the petitioner joined and started working as a Junior Clerk. All of a sudden the opposite party issued an order dated 27.5.1998, cancelling all the appointments made by Dr. S.N Arya, Additional Director after 01.11.1997 The petitioner, being aggrieved by this order, has filed the present writ petition.

    In paragraph 7 and 11 of the writ petition, it has been stated that no opportunity of hearing was provided to the petitioner before passing the impugned order. In response to paragraph 7 and 11 of the writ petition, the respondents have contended in paragraph 9 and 13 of the counter affidavit that since irregular appointments were made, no opportunity of hearing was required to be given.

    In the opinion of the Court, even in irregular appointments, opportunity of hearing is required to be given. Once an appointment is made and the petitioner has started working, the petitioner is required to be given a notice and an opportunity of hearing. The impugned order entails civil consequences and, since no opportunity of hearing was provided, the impugned order cannot be sustained and is quashed. The writ petition is allowed. It would be open to the respondents to pass a fresh order in accordance with law.

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    Tej Pal Singh Negi Petitioner v. State & Ors. S
    (Sep 25, 2012)