CHAKRESH KUMAR JAIN Vs. STATE OF M P

JUDGEMENT

(1.) Order dated 24-10-2001 passed by Chief Executive Officer, Janpad Panchayat, Baldeogarh, is principally challenged vide this writ petition. By impugned order appointment of petitioner and three others as Contract Teacher Grade-2 in Arts Faculty has been cancelled. The cancellation of appointment is on the basis of the enquiry conducted on the complaint regarding irregularity committed in the process of selection wherein it was found that though the credentials by the petitioner of having the experience of teaching in non-formal education were not attached with the application; yet subsequently in the tabulation sheet marks towards experience were interpolated. On the basis of the enquiry report Collector recorded the following finding vide his order dated 17-09-2001. In paragraph 8 the English translation whereof reads thus :-

(2.) Aggrieved whereby, petitioner filed a revision before the Commissioner who by order dated 25-02-2002 affirmed the order passed by Collector.

(3.) The petitioner submits that he has been condemned and visited with an adverse order, without affording him an opportunity of hearing. It is no doubt true that a person cannot be condemned without being heard as it is the basic principle of natural justice that in case where an adverse action is contemplated a person must be given an opportunity of hearing.