Madhya Pradesh High Court
Nepal Singh Ahirwar vs The State Of Madhya Pradesh on 2 March, 2020
Equivalent citations: AIRONLINE 2020 MP 729
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 WP-4941-2020
The High Court Of Madhya Pradesh
WP-4941-2020
(NEPAL SINGH AHIRWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 02-03-2020
Shri Sankalp Kochar, learned counsel for the petitioner.
Shri Bhoopesh Tiwari, learned Government Advocate for the
respondents/State.
With the consent of the learned counsel for the parties, the matter is heard finally.
In the instant petition filed under Article 226 of the Constitution of India, a challenge has been made to the order dated 14.02.2020 (Annexure- P/2) passed by the Chief Executive Officer, Janpad Panchayat, Obedullaganj, District Raisen whereby the services of the petitioner from the post of Gram Rojgar Sahayak has been terminated.
Learned counsel for the petitioner submits that the aforesaid order has been passed without affording any opportunity of hearing to the petitioner. It is further submitted that the aforesaid order has been issued in violation of Condition No.15 of the appointment order wherein it is stipulated that in case of misconduct or involvement in criminal activities the services of the employee shall be liable to be terminated only after affording reasonable opportunity of hearing. Prima-facie, upon going through the order, it manifest that no show cause notice has been served to the petitioner and thus, the petitioner has been denied opportunity of hearing.
Learned State counsel supported the order of termination and submitted that against the said order, remedy of appeal is available. However, he could not bring to the notice of this Court any document or material to show that before passing the impugned order any show cause notice or opportunity of hearing was afforded to the petitioner.
In view of the aforesaid, it is apparent that the impugned order has been passed without affording any opportunity of hearing to the petitioner. The order is violative of Condition-15 of the appointment order and also 2 WP-4941-2020 issued in violation of the principles of natural justice.
Accordingly, the order dated 14.02.2020 (Annexure-P/2) is hereby quashed. However, it would be open for the competent authority to pass a fresh order in accordance with law after affording opportunity of hearing to the petitioner.
With the aforesaid, this petition is allowed and disposed of.
(VIJAY KUMAR SHUKLA) JUDGE Priya.P Signature Not Verified SAN Digitally signed by Priyanka Pithawe Date: 2020.03.03 11:08:20 IST