MOHD HANIF Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners were appointed to various posts, as mentioning in the heading of this petition, on 30th June, 1971, as a consequence of Resolution No. 151, dated 29th June, 1971, passed by the Municipal Committee, Malerkotla (respondent No. 2). Copy of this resolution is annexed with the petition as Annexure 'A'. Subsequently, petitioners Nos. 1, 2 and 3, namely, Mohd. Hanif, Mohd. Akhlak and Jangir Singh, were confirmed by the Municipal Committee. The Sub Divisional Officer (Civil), Malerkotla (respondent No. 3), on a complaint by a Municipal Commissioner and some employees of the Municipal Committee regarding these appointments, held enquiry behind the back of the petitioners and recommended the cancellation of the resolution regarding appointment of the petitioners and, on that basis, the Deputy Commissioner, Sangrur (respondent No. 4), by his order dated 2nd February, 1973, annulled the resolution No. 151 dated 29th June, 1971. Copy of this order is Annexure 'C' to the petition. It is against this order that the present petition has been filed.

(2.) The petitioners are poor employees. One of them is a Library Attendant, two are Daroga Sanitation, one is Moharrir, two are Peons and one is Water Carrier. It is stated at the Bar by Mr. Kuldip Singh, learned counsel for the petitioner, that the petitioners are still working as the impugned order was stayed by the Motion Bench. It is settled law that before any adverse order can be passed, the persons concerned have to be given opportunity of hearing. Admittedly, in this case, no opportunity was given to the petitioners by the Sub Divisional Officer (Civil) at the enquiry stage and by the Deputy Commissioner when he annulled the resolution. The enquiry was held against their back. In this view of the matter, this petition is allowed and the impugned order is quashed, but there will be no order as to costs.