THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.372 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
13.02.2019 passed by the learned Single Judge in W.P.No.2826 of
2019.
The undisputed facts of the case reveal that an order was
passed against the writ petitioner (respondent No.1 in the present
writ appeal) on 24.07.2018 suspending him as an Enrolment Operator/Supervisor with immediate effect and a penalty was inflicted to the tune of Rs.3,50,000/-. The writ petition has been allowed by the learned Single Judge, as no opportunity was granted to the writ petitioner.
Sri N. Rajeshwar Rao, learned Assistant Solicitor General of India appearing for the appellant, has stated before this court that the appellant was not heard in the matter.
This Court has categorically asked a question to learned counsel for the appellant whether any opportunity was granted to the writ petitioner. Learned counsel has stated that no opportunity was granted, however the action was initiated keeping in view the statutory provisions as contained under Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act.
This Court, after careful consideration of the order passed by the learned Single Judge, as at no point of time any show cause notice was issued nor the writ petitioner was heard before 2 blacklisting him or while imposing the punishment to pay Rs.3,50,000/-, is of the opinion that the order passed by the learned Single Judge does not warrant interference.
Another important aspect of the case is that a liberty had already been granted to the appellant to take further action in accordance with law, if warranted.
Keeping in view the principles of natural justice and fair play, this court does not find any reason to interfere with the order passed by the learned Single Judge.
Admission is declined. The writ appeal is dismissed. Pending miscellaneous applications, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 22.11.2021 JSU