DASHARATH PRASAD Vs. STATE OF MP

JUDGEMENT

(1.) CHALLENGING the order-dated 5.10.2001 ­ Annexure P/1, by which petitioner's services were terminated on the ground that he is not a resident of the local area, this writ petition has been filed.

(2.) PETITIONER was appointed as a Teacher in Rajeev Gandhi Shiksha Mission and was posted under Gram Panchayat Nayagaon, Tehsil and District Tikamgarh. PETITIONER's appointment was made in accordance to a selection process conducted vide order - dated 12.10.1998, he worked on the post for more than three years when all of a sudden by the impugned order-dated 5.10.2001 ­ Annexure P/1, petitioner's services were terminated on the ground that he is not a resident of the local area and, therefore, his appointment is incorrectly made and it was cancelled.

(3.) IN the present case, the petitioner has brought on various documents to show that he is a resident of the local area and the respondents contend that he is not a resident of the local area. The question as to whether petitioner is resident of the local area or not is a matter of fact, which has to inquired into and a decision taken. Once the petitioner was appointed after due verification and when right had accrued to him by virtue of his appointment, the same could not be taken away in the manner done. That being so, on this count alone the action impugned has to be held as unsustainable because it is passed in total violation and disregard to the principles of natural justice.