JIYA LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present petition is directed against the order dated 19th December, 2005 passed by Principal Secretary (PR) to the Government of Himachal Pradesh.

(2.) THE brief facts necessary for the adjudication of this petition are that the petitioner has approached this Court by way of CWP bearing No.473 of 2005. The writ petition was disposed of by this court on 10.11.2005 by setting aside order dated 6.4.2005 and the matter was remitted to the competent authority toi pass fresh reasoned and speaking order after taking into consideration the reply submitted by the petitioner along with other relevant material. The petitioner was also permitted to be heard in person. It was also directed that in case the petitioner seeks personal hearing in the matter, the competent authority shall allow him such hearing.

(3.) I am of the view that competent authority without affording effective hearing to the petitioner has passed the impugned order on 19th December, 2005. The petitioner has informed the Principal Secretary (PR) by way of Annexure P-29 that due to his illness, the matter be fixed on any day after 24th December, 2005. The petitioner has also faxed the copies of the discharge slip. The Principal Secretary (PR) despite the specific request made by the petitioner to adjourn the matter has passed the final order on 19th December, 2005. The order passed by the Principal Secretary (PR) has been passed in utter haste. Once the request has been made by the petitioner to adjourn the matter due to his illness, the same was to be acceded to by the competent authority. Though it has come in the order dated 19th December, 2005 that the matter was adjourned from 13th November, 2005 to 16th December, 2005, but it is also stated in the order dated 19th December, 2005 that on 16th December, 2005 itself a fax message was sent by the petitioner for another date.