Madhya Pradesh High Court
Rakesh Kumar Ahirwar vs The State Of Madhya Pradesh on 30 November, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJ MOHAN SINGH
ON THE 30 th OF NOVEMBER, 2023
WRIT PETITION No. 2830 of 2021
BETWEEN:-
RAKESH KUMAR AHIRWAR S/O LATE SHRI RATANLAL
AHIRWAR, AGED ABOUT 36 YEARS, OCCUPATION:
WORKING AS DAILY WAGE EMPLOYEE IN THE OFFICE
OF SUB DIVISIONAL OFFICER (BUILDING/ROAD)
PUBLIC WORK DEPARTMENT, SUB- DIVISION
NOWGONG R/O NEAR DIET COLLAGE CHHATARPUR
ROAD NOWGONG DISTRICT CHHATTARPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ KUMAR CHANSORIYA-ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY PUBLIC WORK
DEPARTMENT MINISTRY VALLABH BHAWAN
BHOPAL (M.P.)
2. CHIEF ENGINEER PUBLIC WORKS DEPARTMENT
SAGAR ZONE SAGAR (MADHYA PRADESH)
3. SUPERINTENDING ENGINEER, PUBLIC WORKS
DEPARTMENT (B/R) NOWGONG CIRCLE
NOWGONG, DISTRICT CHHATTARPUR (MADHYA
PRADESH)
4. EXECUTIVE ENGINEER PUBLIC WORKS
D EPARTM EN T (B/R) CHHATATPUR DIVISION,
CHHATTARPUR (MADHYA PRADESH)
5. SUB DIVISIONAL OFFICER (B/R) PUBLIC WORKS
D E PA R T M E N T NOWGONG SUB DIVISION
NOWGONG DISTRICT CHHATATPUR (MADHYA
PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: MANZOOR
AHMED
Signing time: 12/1/2023
10:33:19 AM
2
(BY SHRI TARUN SENGAR-PANEL LAWYER)
This petition coming on for admission. this day, the court passed the
following:
ORDER
With the concurrence of learned counsel for the parties, this Court proceeded to take up the main case, as the pleadings are complete.
The petitioner has preferred this writ petition assailing the order dated 29.12.2020 (Annexure P-1) passed by the respondent No.3 vide which earlier order dated 24.12.2020 passed by the same respondent granting pay-scale of semi-skilled labour has been cancelled without affording any opportunity of hearing to the petitioner.
Vide order dated 15.2.2021 the operation of the impugned order dated 29.12.2020 has been stayed and the said order is still in operation.
The factual matrix of the case has been admitted by the learned counsel for the State to the extent of admitting that the order dated 24.12.2020 was withdrawn vide the impugned order dated 29.12.2020 without issuing any show cause notice to the petitioner or hearing him in any manner.
Rule of audi alteram partem is a rule of natural justice, which is a tool to rectify injustice. It is not empty formality. Where a party does not dispute the facts against it, then the Court would not insist of futile exercise of Rule of audi alteram partem. Breach of audi alteram partem Rule cannot by itself, without more, lead to conclusion that prejudice has been caused. It is a rule of fair hearing and it requires that the affected party should be given an opportunity to meet the case against him/her effectively. Right of fair hearing takes within its fold a just decision supplemented by reasons and rationale. Reasonable opportunity of hearing or right to fair hearing castes a steadfast and sacrosanct Signature Not Verified Signed by: MANZOOR AHMED Signing time: 12/1/2023 10:33:19 AM 3 obligation on the adjudicator to ensure fairness in procedure and action, so much as that any remiss or dereliction in connection therewith would be at the pain of invalidation of the decision eventually taken.
In view of the admitted position on record, I deem it appropriate to quash the impugned order dated 29.12.2020. However, with a liberty to the competent authority to revisit the issue and pass appropriate order after giving reasonable opportunity to the petitioner a fresh. The impugned order shall remain in operation till final order is passed by the competent authority.
Accordingly, petition stands allowed.
(RAJ MOHAN SINGH) JUDGE Ansari Signature Not Verified Signed by: MANZOOR AHMED Signing time: 12/1/2023 10:33:19 AM