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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Prashant Kumar Vishwakarma, S/o. Mr. Suraj Prasad Vishwakarma – Appellant
Versus
State of Chhattisgarh, Through Secretary, Department of School Education – Respondent
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
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.
The distinction between irregular and illegal appointments, the application of Articles 14 and 16 of the Constitution, and the consideration of equity in public employment cases.
The court affirmed that an appointment made in violation of recruitment rules is void ab initio, and principles of natural justice do not apply when cancellation is based on undisputed facts.
Point of Law : Court need not issue a writ merely because there is violation of the natural justice, not because it is not necessary to observe natural justice but because Courts do not issue futile ....
Appointments to public posts must adhere to legal procedures; individuals appointed illegally cannot claim rights to notice before termination.
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