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2009 Supreme(All) 3784

SUDHIR AGARWAL
KRISHNA CHAND – Appellant
Versus
DISTRICT MAGISTRATE, MAHARAJGANJ – Respondent


Advocates:
Counsel :
J.P. Pandey for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Writ petition has been restored to its original number vide order of date passed on restoration application. Since pleadings are complete, as requested by learned counsel for the parties, the writ petition is taken up for hearing and is being disposed of finally.

2. It is contended that the petitioner was appointed on officiating basis by District Development Officer, Maharajganj on 11.12.1991 and was regularised by order dated 13.1.1992 but by means of the impugned order dated 16.1.1992 passed by the District Magistrate, Maharajganj it was directed that all Class-III and Class-IV appointments made in the last six months in the office of District Development Officer shall stand cancelled. It is contended that the impugned order is in utter violation of principle of natural justice and hence is liable to be set aside. It is also stated that the petitioner was appointed pursuant to the recommendation made by Selection Committee and having been regularised on Class-IV post ought not to have been terminated abruptly by such an order and hence the impugned order is illegal and liable to be set aside. Reliance is placed on a Single Judge judgement of th












































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