BABALI KUMAR S/O SH. GANESH DUTT, R/O VILLAGE SALAG P.O. TANG NARWANA, TEH. DHARAMSHALA, DISTT. KANGRA, H.P. Vs. THE STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (EDUCATION) TO THE GOVT. OF H.P., SHIMLA AND ORS.

JUDGEMENT

(1.) THE appellant is the petitioner in the writ petition. The petitioner is aggrieved by Annexure A -8, order, whereby the appointment on compassionate basis as part time water carrier was cancelled, stating that it was not a case for compassionate appointment. In the nature of the order, we propose to pass in this case it is not necessary for us to go into various contentions taken by the parties. One of the main grounds taken in the writ petition was that the petitioner was not afforded an opportunity for hearing when the termination order was passed. In the facts and circumstances of the case, we are of the view that while cancelling the appointment already granted to the petitioner, rules of natural justice required notice and hearing. The learned Single Judge has gone through the merits and held that the petitioner did not deserve compassionate appointment. But we are of the view that the petitioner should have been given an opportunity for hearing to substantiate his case and thereafter only on considering the materials furnished by the petitioner, it was open to the appointing authority/competent authority to take appropriate action. In that view of the matter, we set aside the judgment dated 2.6.2011 and Annexure A -8 is quashed. There will be a direction to the competent authority to issue fresh notice to the petitioner, afford an opportunity for hearing to him and pass fresh order, adverting to the contentions taken by the petitioner. The needful shall be done within a period of 4 months from today. With the above observations, the appeal stands disposed of, so also the pending application (s), if any.