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1998 Supreme(All) 71

HIGH COURT OF ALLAHABAD
O.P.Garg
SADIQ ALI
Versus
CHIEF MEDICAL OFFICER PADRAUNA
Decided On : 22 January 1998
C. M. W. P. No. 34448 of 1996, connected with C. M. W. P. No. 15657 of 1997

Advocates Appeared:
Ashok Khare,

The principle of natural justice is not required to be followed in cases where the selection process is so flawed that the appointments are void ab initio.

Headnote:

NATURAL JUSTICE - APPOINTMENT - CANCELLATION - OPPORTUNITY OF HEARING - CLASS IV EMPLOYEES - IRREGULARITIES AND ILLEGALITIES IN SELECTION PROCESS - STATE GOVERNMENT'S ORDER CANCELLING APPOINTMENTS - VALIDITY.

Fact of the Case:

17 petitioners joined as Class IV employees in the Medical Health Department in June 1996. Their appointments were cancelled by the State Government in March 1997 due to irregularities and illegalities in the selection process. The petitioners challenged the cancellation of their appointments, arguing that they were not given an opportunity of hearing before the cancellation.

Finding of the Court:

The court found that the selection process was unfair, unreasonable, and arbitrary, and that the State Government had complete justification to cancel the appointments of the petitioners. The court also held that the principle of natural justice was not required to be followed in this case, as the selection had been totally in disregard of the procedure prescribed by the rules.

Issues: 1. Whether the State Government could cancel the appointments of the petitioners without giving them an opportunity of hearing. 2. Whether the principle of natural justice was required to be followed in this case.

Ratio Decidendi: The court relied on the Supreme Court decisions in State of Madhya Pradesh and others v. Shyama Pardhi and others and Ashwani Kumar and others v. State of Bihar and others to hold that the State Government's order cancelling the appointments of the petitioners was valid. The court held that the selection process was so flawed that the appointments were void ab initio, and that the petitioners had no right to a hearing before their appointments were cancelled.

Final Decision: The court dismissed both writ petitions filed by the petitioners, upholding the State Government's order cancelling their appointments.

O. P. GARG, J.

In both these writ petitions, the 17 petitioners joined as Class IV employees on different Class IV posts, such as Ward Boys, Sweeper-cum-Choukidars and Chaukidar-cum-Sweepers at the places of their posting in the month of June 1996 in pursuance of the different orders of appointment dated 7- 6-1996 passed by Dr. Yashpal Singh, the then Chief Medical Officer Padrauna, now Kushinagar. Sadiq Ali and 7 others who are petitioners in Civil Misc. Writ No. 34448 of 1996 prayed for the reliefs, firstly, that the respondents be commanded not to interfere with the performance of their duties on the posts on which they have been appointed and that they may also be directed to pay regular monthly salaries to them along with arrears. During the pen dency of the said writ petition, write services of the aforesaid petitioners along with other Class IV employees, who were recruited and appointed with them, were terminated in pursuance of the order dated 27-3-1997 passed by the State Government and as communicated by orders dated 9/10-4-1997 by the Chief Medical Officer, Padrauna. A notice was also published in Dainik Jagran, a local daily on 13-4-1997 that the services of all the Class IV employees who were appointed in pursuance of the appointment letters signed and issued by Dr. Yashpal Singh, the then Chief Medical Officer shall stand cancelled.

2. Another writ petition No. 15657 of 1997 has been filed by Ram Pratap Singh and 8 others obviously after the order of cancellation of their appointments by the aforesaid Government order. In both the writ petitions now it is prayed that the orders of can celling the appointment of the petitioners issued by the Government as well as communicated by the Chief Medical Officer Padrauna and the notice issued in the Dainik Jagran be quashed and the respondents be directed not to interfere with the performance of duties by the petitioners on the posts on which they were appointed. Counter and rejoinder affidavits have been filed. Since in both the petitions, common questions of facts and law are involved, it is proposed to decide them together.

3. Heard Sri Ashok Khare, learned Counsel for the petitioners and the learned Standing Counsel on behalf of the respondents.

4. An order was issued by the State Government on 20-9-1995 for filing up the then existing Class IV vacancies in the Medical Health Department of the State. It was contemplated and directed that in making such appointments, policy of reservation in favour of Scheduled Caste/scheduled Tribes and other back ward classes shall be kept in view. This Government order was addressed to the Director General, Medical Health and a copy thereof was endorsed to all the Chief Medical Officers in Uttar Pradesh. In pur suance of the aforesaid Government order, the Chief Medical Officer, Padrauna initiated proceedings for recruiting the candidates for class IV posts in the pay scale of Rs. 750-950. The vacan cies in Class IV cadre comprised of the posts of Ward Boys, Sweepers and Choukidars. An advertisement inviting the applications was published in the local newspaper siddha Bhumi on 29-10- 1995. Applications were invited by 4-11-1995. Interviews were held in the month of January, 1996 by a selection committee constituted for the purpose and on 7-6-1996, appointment letters were issued to the successful candidates. In respect of one of the candidates, appointment letter was issued on 15-6- 96. All the selected can didates, who were 80 in number (37 Choukidar-cum-Sweepers and 43 other Class IV employees) joined in the month of June 1996 itself. The grievance of the petitioners is that in spite of the fact that they have been duly selected after com pleting all the requisite formalities and have been continuously working from the date of their joining, their salary was not released and that subsequently, their ser vices were terminated abruptly in pur suance of the Government order dated 27-3-1997 passed by the State Govern ment.

5, The mai













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