LAWS(ALL)-2011-11-222

JITENDRA KUMAR SHUKLA Vs. STATE OF U P

Decided On November 04, 2011
JITENDRA KUMAR SHUKLA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD Sri S.K. Tiwari, learned counsel for petitioner, learned State counsel on behalf of O.P. Nos. 1 to 5, Sri Sachin Srivastava, learned counsel appearing on behalf of O.P. No. 6 and perused the record.

(2.) WITH the consent of parties' counsel, writ petition is heard finally at the admission stage.

(3.) LEARNED counsel for petitioner submits that the impugned order has been passed without fixing any date, time and place for holding inquiry, as such no opportunity whatsoever has been provided to the petitioner prior to passing of the same, so the said order is illegal, arbitrary, violative of Article 14 of the Constitution of India as well as principles of natural justice. He further submits that the impugned order has been passed by O.P. No. 6 without application of his own mind only as per the instructions given by the District Inspector of School, Shrawasti, as such the same is ab initio void, liable to be set aside.