Smt. Lajjawati vs The State Of U.P. And Others
2011 Latest Caselaw 5550 ALL

Citation : 2011 Latest Caselaw 5550 ALL
Judgement Date : 3 November, 2011

Allahabad High Court

Smt. Lajjawati vs The State Of U.P. And Others on 3 November, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 62839 of 2011
 

 
Petitioner :- Smt. Lajjawati
 
Respondent :- The State Of U.P. And Others
 
Petitioner Counsel :- Madhu Ranjan Pandey
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is challenging the order dated 1/5th August, 2011 by which her appointment on the post of Aaganwadi Karyakatri has been cancelled on the ground that vide letter dated 26.5.2011, the Tehsildar Bisalpur, District Pilibhit has declared the income certificate as forged.

Learned counsel for the petitioner submitted that a complaint has been filed by one Smt. Damyanti Devi, wife of Sri Prem Pal, on which an inquiry was made by the Tehsildar Bisalpur, District Pilibhit wherein he reported that the income certificate is not liable to be cancelled and there is no substance in the complaint letter. On the said inquiry report, the Sub-Divisional Magistrate, Bisalpur, District Pilibhit wrote a letter to the Additional District Magistrate, Pilibhit for the rejection of the complaint. The said letter dated 21.4.2011 issued by the S.D.M., Bisalpur is Annexure-4 to the writ petition. The complainant has again filed a complaint vide letter dated 3.5.2011 and on the complaint, the said income certificate is held to be forged and held deemed to be cancelled. On the basis of the said order, the impugned order has been passed.

Learned counsel for the petitioner submitted that the impugned order has been passed without giving any opportunity of hearing to the petitioner inasmuch as once on the complaint of Smt. Damyanti Devi an inquiry was made by the Tehsildar and the complaint was found without any substance, there is no justification for entertaining a fresh complaint and declaring the certificate forged.

Prima facie, there is substance in the argument of learned counsel for the petitioner.

Learned Standing Counsel is directed to file personal affidavits of the Tehsildar Bisalpur, District Pilibhit and the Sub-Divisional Magistrate, Bisalpur, District Pilibhit in this regard.

Put up on 15.11.2011 as fresh.

Till the date of listing, the operation of the order dated 1/5th August, 2011, Annexure-7 to the writ petition, shall remain stayed.

Order Date :- 3.11.2011