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2020 Supreme(All) 216

ASHWANI KUMAR MISHRA
Rajesh Kumar Srivastava – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Satya Prakash Pandey, Naresh Chandra Tripahti, Vivek Srivastava
For the Respondent: C.S.C., R.S. Prasad,Vikram Bahadur Singh

JUDGMENT :

1. Petitioners, who are four in number, have filed the present writ petition challenging notice/orders dated 27.3.2012 and 31.3.2012, passed by respondent no.5, which are contained in Annexure-11 & 13 to 16 to the writ petition. The order dated 31.3.2012 notices that the petitioners had failed to appear in the screening test organized by the institution to assess the teaching ability and that they had failed to participate in such test previously also. An inference, therefore, has been drawn that petitioners have failed to provide qualitative teaching in the institution and by giving them a month's salary their services have been terminated. These orders have been passed by the Commandant, 12th Battalion, PAC, Fatehpur in his capacity as an office bearer of the Society running the educational institution in question.

2. The orders are assailed primarily on the ground that principles of natural justice have been breached inasmuch as no notice or opportunity of any kind was given to the petitioners before terminating their services. It is also urged that the petitioners were selected after undergoing a fair and transparent process, long back, and therefore, they cannot be co

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