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2009 Supreme(HP) 641

DEEPAK GUPTA, SURINDER SINGH
SUNITA – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
For the petitioner:Mr. R.S. Chandel, Advocate.
For the respondents No. 1 to 3:Mr. Ram Murti Bisht, Deputy Advocate General.
For the respondent No.4:Mr. Jeevesh Sharma, Advocate.

JUDGMENT

Per Deepak Gupta, J. (Oral):-Shri R.S. Chandel, learned counsel for the petitioner, states that he does not want to place on record any other document and the matter may be heard on the documents already on record.

2. By means of this petition, the petitioner has challenged the order dated 22nd November, 2007 passed by the Deputy Commissioner, Shimla, which order has been confirmed by the Divisional Commissioner, Shimla on 28th March, 2008.

3. Briefly stated, the facts of the case are that the petitioner here-in was selected and appointed as Anganwari Helper in Kamanh Anganwari Centre, Tehsil Theog, Distt. Shimla. Her appointment was challenged by the respondent No.4 here-in. The Deputy Commissioner, Shimla without issuing ay notice to the present petitioner and without giving her any hearing in the matter called for the report of the BDO Theog and placing reliance on the said report came to the conclusion that the family of the petitioner had separated only on 3rd July, 2005 and therefore, held that the petitioner was not eligible for appointment. The order of the Deputy Commissioner is totally in violation of principle of natural justice. This order also reflects total











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