Termination of service without providing an opportunity of hearing to the employee constitutes a violation of the principles of natural justice, rendering the termination order void and liable to be set aside.

Order On Board

1. This petition has been filed against the order dated 08.09.2020 (Annexure P/1) whereby respondent No.4 cancelled the order of the appointment of the petitioner.

2. Mr. Somkant Verma, learned counsel for the petitioner, would submit that the father of the petitioner died in harness on 19.04.2016 while working as Assistant Teacher, thereafter, the petitioner moved an application for appointment on compassionate ground and she was appointed on compassionate ground on 19.08.2016 according to the policy of the compassionate appointment dated 14.06.2013 (Annexure P/5). He would also submit that After rendering service of four years, all of sudden by order dated 08.09.2020 (Annexure P/1) passed by respondent No.4, without affording any opportunity of hearing to the petitioner, services of the petitioner have terminated, therefore, the impugned order (Annexure P/1) is liable to be set aside.

3. Mr. Amit Buxy, learned State counsel, would oppose the prayer made by learned counsel for the petitioner and support the impugned order.

4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records precisely.

5. Since there is a violation of principles of natural justice as the impugned termination order (Annexure P/1) was passed without affording opportunity of hearing to the petitioner, the impugned termination order dated 08.09.2020 (Annexure P/1) is liable to be and is hereby set aside. However, respondents / competent authority is at liberty to pass fresh order after affording opportunity of hearing to the parties.

6. Consequently, this writ petition is allowed to the extent indicated herein above.