ABDUL RASHID DAR Vs. ABDUL MAJID MALIK

JUDGEMENT

(1.) THIS is an application with a prayer for grant of leave to file Letters Patent Appeal, asserting that the applicant is aggrieved by the judgment and order dated 31.05.2012 rendered by learned Single Judge of this Court in SWP no. 290/2007, by setting aside the order, removing one Abdul Majid Malik from the position of Lambardari.

(2.) THE basic reason permeating throughout the impugned judgment is violation of principles of natural justice as no show cause notice was issued before passing the order dated 19.02.2007 nor any enquiry was conducted. Accordingly, order dated 19.02.2007 was passed removing the respondent no.1- Abdul Majid Malik from the post of Lambardari. The directions issued by the learned Single Judge reads as under:-

(3.) HAVING heard the learned counsel, we are of the considered view that the judgment and order dated 31.05.2012 specifically grant a period of three months which has to be counted from the date a copy of the order was served upon respondent no.2. At this stage it cannot be presumed that the authorities would decide in favour of the writ petitioner- respondent no.1. If we view the matter from that angle then the Letters Patent Appeal is wholly premature and would not call for adjudication at this stage. However, we grant liberty to appellant to approach this Court if he feels aggrieved by any order to be passed by the authorities as per the directions of the learned Single Judge.