BHIKHUGIRI VITHALGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter was called out for hearing in the first round, second round and lastly in the third round. None put appearance on behalf of the parties. Perused the special civil application.

(2.) This court had admitted this petition on 21st November, 1986 and interim relief in terms of para 10(B) was granted. So the petitioners are, for all the time, allowed to perform duties of Driver Police Constable (Motor Transport), and the petitioners may be continuing on the said post. One of the grievances made by the petitioners in the special civil application is that the impugned order has been passed without any notice or affording any opportunity of hearing to them. The facts stated by the petitioners in the special civil application have not been controverted by the respondents and as such the same stand uncontroverted. So indisputably the order impugned in this special civil application has been passed by the respondents without notice and without affording an opportunity of hearing to the petitioners. The said order results in civil consequences and, therefore, before passing the same the petitioners were required to be given notice and opportunity of hearing, which has not been done in the present case. Only on this ground the petition deserves to be allowed.

(3.) In the result the petition is allowed. The orders at annexure-A dated 18th August, 1986 are quashed and set aside . Rule made absolute accordingly. No order as to costs. This order will not come in the way of the respondents to pass fresh order, if required, in accordance with law, and after following the principles of natural justice.