ASHA RAM Vs. PHOOL CHAND

JUDGEMENT

(1.) The petitioner has filed this writ petition against the order dated 16th February, 1983, by which the order passed by the Deputy Commissioner reinstating him as Sarpanch was rescinded. The said order reads as under :-

(2.) The main ground urged before us by the learned counsel for the petitioner is that it was incumbent upon the appropriate authority to have afforded an opportunity of hearing to the petitioner before rescinding the order of the Deputy Commissioner reinstating him.

(3.) After hearing the learned counsel for the parties, we find considerable force in this contention of the learned counsel. On 17th December, 1982, the Deputy Commissioner reinstated the petitioner as Sarpanch. There is no dispute that before rescinding that order, no opportunity of hearing was given to the petitioner. The impugned order has been passed in contravention of the principles of natural justice.