An appointment made in violation of prescribed rules is void ab initio; no notice or hearing is required for cancellation as per legal principles governing natural justice.

Order :

AMITENDRA KISHORE PRASAD, J.

1. By way of this petition, the petitioner is challenging the legality, validity and propriety of the order dated 27.01.2023 passed by respondent no.3, whereby the petitioner’s appointment has been cancelled without conducting any departmental enquiry and without affording any opportunity of hearing.

2. By way of this petition, the petitioner has prayed for following reliefs:-

“A writ and/or an order in the nature of writ of appropriate nature do issue commanding and directing the respondents to produce before this Hon'ble Court all the relevant records pertaining to the case of the petitioners for its kind perusal.

B. A writ and/or an order in the nature of writ of appropriate nature do issue quashing the order/letter dated 27.01.2023 (Annexure P-1) being illegal, arbitrary and not sustainable in law and further direct the respondents to restore the appointment of the petitioner with all benefits including the salary and other benefits of service.

C. A writ and/or an order in the nature of writ of appropriate nature do issue directing the respondent no. 1 to produce the letter dated 19.01.2023 and quash the same being arbitrary, illegal and against the principle of natural justice.

D. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. E. Cost of the petition may also be awarded.”

3. The facts of the case are that the respondent authorities had duly sanctioned the post of Assistant Librarian for 17 districts in Chhattisgarh, including District Kondagaon, vide order dated 21.09.2017 and notification dated 21.05.2018, pursuant to which respondent no.5 issued an advertisement on 17.09.2018 inviting applications along with prescribed qualifications. The petitioner applied within time, fulfilled all eligibility criteria, and after publication of the merit list and consideration of objections, was appointed as Assistant Librarian on 13.09.2019 and subsequently regularized vide order dated 01.10.2021, after satisfactorily completing the probation period. The petitioner continuously discharged his duties diligently. However, without issuing any show cause notice, without supplying the letter dated 19.01.2023 referred to therein, and without conducting any departmental enquiry or affording opportunity of hearing, respondent no.3 abruptly issued the impugned order dated 27.01.2023 cancelling the petitioner’s appointment on the ground that the post was not sanctioned.

4. Learned counsel for the petitioner submits that the impugned order dated 27.01.2023 is wholly illegal, arbitrary and unsustainable in law, as the petitioner was appointed to the post of Assistant Librarian after undergoing the due process of selection pursuant to the sanctioned posts notified by the respondents themselves for various districts including Kondagaon. Despite being a regularly appointed and subsequently regularized employee, the petitioner has been divested of service without issuance of any show-cause notice, without affording any opportunity of hearing, and without conducting any departmental enquiry, thereby violating the settled principles of natural justice. The impugned order proceeds on a vague allegation that the petitioner’s appointment was “against the law,” without disclosing any reasons, material particulars, or findings, and further relies on a letter dated 19.01.2023 which has never been supplied to the petitioner and is liable to be summoned. It is stated that such arbitrary action not only contravenes established service jurisprudence but also infringes the petitioner’s funda