Allahabad High Court
Arun Kumar Singh vs State Of U P And Another on 23 November, 2020
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- WRIT - A No. - 7485 of 2020 Petitioner :- Arun Kumar Singh Respondent :- State Of U P And Another Counsel for Petitioner :- Upendra Kumar,Nipun Singh,Sumit Suri Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
Counter affidavit filed today by learned Standing Counsel be taken on record.
Heard Sri Akshay Agarwal, Advocate holding brief of Sri Nipun Singh, learned counsel for the petitioner and learned Standing Counsel for respondents.
By way of present petition, petitioner is challenging the order dated 10.06.2020 passed by respondent No. 2-District Program Coordinator/District Magistrate, Deoria.
Learned counsel for the petitioner submitted that petitioner was appointed as Technical Assistant on contract basis at Block Development Level vide order dated 07.06.2010 by District Programme Coordinator, District Deoria. He is challenging the order on the ground that he has not been given any show cause notice or opportunity of hearing which is violation of natural justice. He has also made specific averment in paragraph Nos. 17 to 18 to this effect.
In paragraph Nos. 9 and 10 of the counter affidavit, there is no denial of the facts mentioned in paragraph Nos. 17 and 18 of the writ petition.
Learned Standing Counsel submitted that impugned order is based upon inspection report dated 10.06.2020 passed by respondent No. 2, but he could not show from the counter affidavit that any opportunity of hearing or show cause notice was given to the petitioner or not.
I have considered rival submissions made by learned counsel for the parties.
Ground of challenge in present petition is that petitioner has not provided opportunity of hearing or show cause notice which was not denied in counter affidavit.
Therefore, order impugned is in violation of natural justice and is hereby set aside.
Accordingly, writ petition is allowed.
However, it is open for the respondents to pass fresh order after providing opportunity of hearing to the petitioner.
Order Date :- 23.11.2020 Sartaj