LAWS(ALL)-2012-7-23

NARENDRA SINGH Vs. STATE OF U P

Decided On July 09, 2012
NARENDRA SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD Sri Ashok Khare learned Senior Counsel for the petitioners who claims themselves to be the members of the General Body and Sri M.D. Singh 'Shekhar', learned Senior Counsel assisted by Sri Sandeep Chaudhary for the respondent no. 6 and the learned Standing Counsel for the rest of the respondents.

(2.) LEARNED counsel for the respondents agree that the matter be disposed of finally as no further affidavits are required to be filed in view of the documents that are already on record and in view of the nature of the order that is proposed to be passed.

(3.) HAVING heard learned counsel for the parties, this petition deserves to be allowed on a short ground of violation of principles of natural justice, inasmuch as, admittedly at least the petitioner no. 1 was the complainant whose complaint was sought to be disposed of by the impugned order dated 21.5.2012. From a perusal of the impugned order it does not appear that the petitioner no. 1 was given any opportunity to contest the conclusions drawn by the Enquiry Officer in the report dated 9th February, 2012 which has been made the basis of the impugned order. The impugned order therefore proceeds on material about which the petitioner no. 1 had no knowledge.