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| HC set-aside order impugned with direction to hear petition | | | early times report
Jammu, July 14: The petitioner who came to be appointed as constable on April 9, 1999 vide order No 1325 of 1999 issued by Director General of police J&K after complying with rules, the petitioner was declared medically fit and was allotted Aux. Police 2nd BN on May 19, 2000. The appointment order of the petitioner was cancelled by Commandant IInd BN Auxiliary Police Jammu on May 17, 2002 on the ground that no order of appointment of the petitioner was issued by the PHQ and as such appointment made on the basis of fake and forged order was rescinded with immediate effect.
Aggrieved by this order, the petitioner challenged the same, the respondents in their objections have stated that order dated April 9, 1999 was fake and false because of the signature of the then Director General of Police Gurbachan Jagat, had been forged and this order has been cancelled after receipt of the information that orders were forged. It was further submitted in the objections that no appointment order had been issued by the Director General of police and the petitioner has managed his appointment order fraudulently.
Justice Sunil Hali of Jammu & Kashmir High Court Jammu Wing after hearing Sr. Adv SS Lehar with Adv Akshay Anand appeared for the petitioner whereas Additional Advocate General, Jagdish Parihar appeared for the State respondents observed that only ground on the basis of which the order has been challenged was that respondents have not heard the petitioner before passing the order of cancellation of his appointment.
There was no dispute that Rule of natural justice is essential feature of law, no one should be condemned unheard. In the present case, it be seen that order of cancellation of appointment of petitioner has been passed without issuing any notice to him.
With these observations, Court allowed the petition and set-aside the order impugned with the direction to respondents that they shall hear the petitioner and passed appropriate orders.
No direction is issued to respondents at this stage, to reinstate the petitioner. In case, the petitioner succeeded during the course of enquiry, to show that the order of appointment issued in his favour was genuine and not forged as alleged by the respondents, he shall be reinstated from the date he has been removed from service.
However, petitioner shall not be entitled to any monetary benefits during the period he remained out of service. --- (JNF)
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