An order terminating or cancelling an appointment on allegations of misconduct or forgery is stigmatic and entails civil consequences, thus necessitating a fair departmental enquiry and adherence to the principles of natural justice (audi alteram partem) before such action can be legally sustained.

(Cause Title downloaded from CIS Periphery)

For Petitioner(s) : Ms. Anamika Jain, Advocate on behalf of Mr. Devershi Thakur, Advocate

For Respondent/State : Mr. Ashutosh Shukla, Panel Lawyer

For Respondent No.4 : Ms. Bharti Khunte, Advocate on behalf of Mr. Vivek Kumar Agarwal, Advocate

SB: Hon’ble Mr. Justice Amitendra Kishore Prasad

C A V Order

1. The petitioner has filed this petition under Article 226 of the Constitution of India against the impugned order dated 13.5.2022 (Annexure P/7). By way of the said order, the petitioner’s compassionate appointment was cancelled on the allegation that he has obtained the same on the basis of a forged ‘Godnama’ (Adoption Deed). It is further alleged that the said deed is in violation of the Hindu Adoptions and Maintenance Act, 1956 (in short “the Act, 1956”) as well as the Hindu Adoption Regulations, 2017 (in short “the Regulations 2017”) and the Hindu Adoption (Amendment) Regulations, 2021 (in short “the Regulations, 2021).

2. The petitioner has prayed for the following reliefs in the petition :

10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner.

10.2. That, Hon'ble Court may kindly be pleased to quash the impugned order dated 13.05.2022 (Annexure P/7) issued by the respondent and direct the respondent authorities to appoint the petitioner as per order dated 29.05.2021

10.3 Any other relief/reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted.

3. The factual matrix of the case is that the petitioner was appointed as a Peon on compassionate ground on account of death of Smt. Rajkumari Gupta vide order dated 29.5.2021. Late Rajkumari Gupta was married to respondent No.4-Kishan Prasad Sahu, who allegedly deserted her in 2011 on account of her prolonged sickness and hospitalization. During her illness, Late Rajkumari Gupta was looked after by the grandfather of the petitioner and her own father. The petitioner is the biological son of Shri Lal Bahadur Gupta and Smt. Mitlangini Devi. The said Mitlangini Devi was the elder of sister of late Rajkumari Gupta. From the time of his birth, the petitioner was brought by late Rajkumari Gupta and was cared for as his own son. Late Rajkumari Gupta was deserted by her husband -respondent No.4, who subsequently solemnized a second marriage with one Smt. Neelam in the year 2013-14. They reside separately and have two children from the said marriage. Consequently, the petitioner is the only son (adopted) and the only legal heir of the deceased. Late Rajkumari Gupta served as an Assistant Teacher (LB) at the Government Primary School, Laxmipur, Development Block, Ambikapur. After her demise, an application for appointment on compassionate grounds was duly submitted by the petitioner. An Adoption Deed (Godnama) dated 25.4.2018 was executed in favour of the petitioner during the lifetime of late Rajkumari Gupta. During the process of compassionate appointment, respondent No.4-earlier husband of late Rajkumari Gupta, submitted a letter of consent in favour of the petitioner and on the basis of the Godnama as well as such consent letter given by respondent No.4, the petitioner was appointed to the post of Peon on compassionate ground vide order dated 29.5.2021. A dispute arose among the parties regarding the service benefits of late Rajkumari Gupta. Both respondent No.4 and the father of the deceased-Rajkumari Gupta filed separate application