Surya Sewa Sansthan Thru Manager vs U.O.I.Thru Secy.Min.Of ...
2021 Latest Caselaw 9231 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- MISC. BENCH No. - 16490 of 2021
 

 
Petitioner :- Surya Sewa Sansthan Thru Manager
 
Respondent :- U.O.I.Thru Secy.Min.Of Personnel,Pub.Grievances/Pension &Ors
 
Counsel for Petitioner :- Alok Singh
 
Counsel for Respondent :- C.S.C.,A.S.G.,Anish Srivastava 'Lall',Shiv P. Shukla
 

 
Hon'ble Rajan Roy,J.

Hon'ble Ravi Nath Tilhari,J.

Heard Shri Alok Singh, learned counsel for the petitioner, Shri S. B. Pandey, learned Senior Counsel along with Anand Dwivedi for opposite party No. 1, Shri Anish Srivastava 'Lall' for opposite party No. 2 and Shri Shiv P. Shukla, learned counsel for opposite party No. 3.

Learned counsel for the parties are ad idem that the issue involved in this petition has already been decided in other similar writ petitions and based thereon recently on 23.07.2021 Writ Petition No. 15475 (MB) of 2021, Gopal Shikshan & Gramin Vikas Sansthan Vs. State of U.P. and others was disposed of in the following terms:

"Heard Sri Nishant Shukla, learned counsel for the petiioner and Sri S.B.Pandey, learned Senior Counsel along with Aanand Dwivedi and Sri Anish Srivastava for opposite party No.4, Dr. Ravi Kumar Mishra, learned counsel for opposite party No.2 and Sri Shiv P. Shukla, learned counsel for opposite party No.5 and learned Standing Counsel for opposite party Nos. 1 and 2.

The petitioner's name has been included/flashed on the portal of Niti Ayog as a blacklisted non-government organization. It is said that it has been done on some letter of the Central Bureau of Investigation. The contention is that without any notice or opportunity of hearing such action is apparently against the principle of natural justice and the constitutional scheme by which this country is governed.

Learned counsel for the petitioner has invited our attention to the judgment dated 12.01.2021 passed in a Bunch of writ petitions, leading writ petition being Writ Petition No. 8838 (MB) of 2020. He submits that this issue has already been considered and decided by a coordinate Bench, therefore, the same benefit may be extended to the petitioner also.

On being confronted, learned counsel appearing for the other side does not dispute the fact that the matter is similar to the one referred herein-above, nor that the petitioner was given any opportunity of hearing prior to the impugned action.

We are of the considered view that the matter is concluded by the judgment dated 12.01.2021, referred herein-above and as no opportunity or notice has been given to the petitioner, therefore, we dispose of this writ petition in the light of the said judgment, meaning thereby, the petitioner shall be entitled to the benefits of observations/directions contained therein and the opposite parties shall have the liberty of proceeding against the petitioner after giving due opportunity.

With these observations, the writ petition is disposed of."

In view of the above, as the matter is similar, we dispose of this petition also on the same terms.

Order Date :- 2.8.2021

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