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2011 Supreme(All) 665

[2011(11) ADJ 606]
ALLAHABAD HIGH COURT
SUDHIR AGARWAL, J.
BHANU PRATAP .....Petitioner
Versus
DIRECTOR, AYURVEDIC AND UNNANI SEWAE, U.P. LUCKNOW AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 3932 of 2008, decided on 8th March, 2011)

Advocates:
Shakti Swarup Nigam for the Petitioner; C.S.C. for the Respondents.

Headnote:Appointment—Cancellation of—Irregularity committed by selection committee—Respondent failed to produce any irregularity committed by selection committed—Cancellation of appointment and dismissal from service, would be illegal—Petitioner would be entitled to all consequential benefits. [Paras 7, 8 and 9]

       

JUDGMENT

Hon’ble Sudhir Agarwal, J.—The writ petition having been restored to its original number, learned counsel for the parties requested to hear the matter finally and decide it. Hence, I proceed accordingly.

2. Heard Shri Shakti Swarup Nigam, learned counsel for petitioner and Shri D.N. Mishra, learned Standing Counsel for respondent No. 3.

3. An advertisement No. 454/Backlog Appointment 2007-08 was published in daily newspapers for two vacancies of ‘Swachhak-cum-Chowkidar’ in the pay scale of Rs. 2550-5200/- by the office of Regional Ayurvedic and Unani Adhikari, Rampur. In pursuance to the aforesaid vacancies petitioner applied and selected on the said post. The appointment letter was issued to petitioner on 6.11.2007. Thereafter, Director Ayurvedic and Unani Sewa, U.P. Luknow made some inquiry in respect of aforesaid appointments and found that several irregularities and illegalities were committed by Selection Committee in making appointments, therefore, aforesaid backlog appointments were cancelled. Pursuant thereto impugned order was passed on 31.12.2007 by respondent No. 2 cancelling appointment of petitioner. Hence, this writ petition.

4. Learned counsel for petitioner stated that Selection Committee was duly constituted consisting of four members as contemplated under Rules. Interviews were held and thereafter petitioner was selected and appointed. Having worked for sometime, without affording any opportunity of hearing to petitioner, impugned order has been passed and the same is liable to be quashed being in violation of principles of natural justice.

5. A counter-affidavit has been filed on behalf of respondent No. 2 sworn by Dr. Satyavir Singh Saini, Medical Officer, Rajkiya Ayurvedic Chikitsalaya, Milak, District Rampur. It is admitted therein that in pursuance to the Government Order dated 22.5.2007 as well as order dated 6.8.2007 issued by Director of the Department, the recruitment process was initiated by respondent No. 2, which was to be completed till 31.10.2007. Thereafter, for the said purpose a selection committee was constituted and an advertisement was issued in daily newspapers Amar Ujala, Dainik Jagran and Rampur Ka Elan (Urdu). The same was also pasted on the Notice Board of the office. It was also notified to the Employment Exchange. In pursuance to above, 50 applications were received. Similarly list of 12 persons sent by Employment Office. Out of total 62 applications, 13 were short listed and remaining 49 called for interview. In the aforesaid selection, petitioner and one Shri Jai Prakash were selected and ultimately petitioner was appointed. Subsequently, some complaints received in respect to above selection as a result thereof an inquiry was conducted and the selection was cancelled on 26.12.2007 vide an order passed by Director, Ayurvedic and Unani Sewa, U.P. Lucknow and subsequently petitioner was removed from service by order dated 31.12.2007.

6. In the entire counter-affidavit the only thing mentioned for cancelling appointment of petitioner is “certain great irregularities committed by Selection Committee in the aforesaid selection”, but there is not even a whisper about what kind of irregularities and illegalities were committed in the above selection. Paragraph Nos. 3,5,6 and 7 of counter-affidavit are reproduced hereinbelow :

“3. That the contents of paragraph 1 to 6 of the writ petition are matters of record and can be verified from the same. However, it is stated that pursuant to the Govt. Order dated 22.5.2007 as well as order dated 6.8.2007 issued by the Director of the Deptt. in pursuance thereof, the recruitment/selection process was to be completed till 31.10.2007 and for the said purpose a selection committee was constituted and an advertisement in this regard was published in daily newspapers, Amar Ujala, Diaink Jagran and Rampur Ka Elan (Urdu) and the same was also pasted on the notice board of the office and it was also applications were received and similarly names/list of











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