PIYARA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Riyaz Ahmad learned counsel for the petitioner and Sri Aushutosh Shukla holding brief of Jogendra Nath Verma for opposite party Nos. 2 and 3 learned Standing Counsel for opposite party No. 1 and Sri M. S. Rathore for opposite party No. 4.

(2.) THE petitioner has filed this writ peti tion against her disengagement from the post of Shiksha Mitra vide order passed on 20-12-2007 by the Basic Shiksha Adhikari, Sultanpur. THE impugned order has been an nexed as Annexure No. 1 to the writ petition. Learned counsel for the petitioner states that the reason for disengagement of the petitioner is the Government Order dated 15-6-2007. Wherein it has been provided that if an un married lady gets married to a man living in another village panchayat then her appoint ment can not be continued in her native place. Since the petitioner who was duly selected for Primary School, Shivpur, Village Panchayat Ghatampur got married, hence, she was disengaged according to provisions of the said Government Order. It is strange that the letter does not speak about the place where the petitioner has got married and simply on the basis of some complaint the services of the petitioner have been terminated. THE case of the learned counsel for the petitioner is that she got married in the same village panchayat and not outside.

(3.) IN any view of the matter the situation can not be assessed to the disadvantage of the petitioner. The vested right of a person can not be taken away merely on the basis of com plaint. More so in the case where the com plaint is vague and does not specify the legal grounds on which a vested right can be taken away. Even if, the complaint is right in sub stance a vested right of a person can only be taken away after giving him or her an oppor tunity to explain and meet out the charges. This is the basic principle of natural justice and nobody can be condemned or put to dis-advantage without giving him or her oppor tunity of hearing. If a person who is legally appointed and working is disengaged merely on the basis of complaints without verifica tion and without adhering to the principles of natural justice, no employee will ever feel safe in his working. The principle of natural jus tice have to be adhered to otherwise the ac tion of the government will never be able to pass the test of rule of law.