Rajasthan High Court - Jodhpur
Laxmi Narayan Tinwari vs State Of Rajasthan And Ors on 25 April, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1610/2017
Laxmi Narayan Tinwari S/o Sh. Jangjeet Tinwari, R/o Zero Fatak
Chouraha, Jat Colony, Samadari Road, Balotra Distt. Barmer.
----Petitioner
Versus
1. State Of Rajasthan Through The Director, Elementary
Education, Rajasthan Bikaner.
2. The District Education Officer, Elementary Education,
Barmer.
3. The Deputy Director, Secondary Education, Jodhpur.
4. The Chief Executive Officer, Zila Parisad Barmer
----Respondents
For Petitioner(s) : Mr. Pramendra Bohra.
For Respondent(s) : Mr. K. K. Bissa, AGC.
HON'BLE MS. JUSTICE REKHA BORANA
Order
25/04/2022
The present writ petition has been filed aggrieved of the
order dated 18.01.2017 issued by the Chief Executive Officer, Zila
Parisad, Barmer whereby the orders for grant of selection grades
to the petitioner on the completion of 9, 18 and 27 years of
service have been directed to be re-fixed.
It has been submitted by the learned counsel for the
petitioner that the said order has been passed totally in
contravention to the principles of natural justice in so much that
the petitioner was never afforded an opportunity of hearing before
passing of the said order.
(2 of 3) [CW-1610/2017]
A perusal of the impugned order shows that the benefits of
first and second selection grades were granted to the petitioner
vide orders dated 30.04.1993 and 16.12.2002 respectively.
Thereafter, the petitioner was promoted in the year 2009. The
impugned order has been issued in the year 2017 without
assigning any reason and admittedly without affording any
opportunity of hearing to the petitioner.
A Co-ordinate Bench of this Court in Jagdish Chhangani v.
The State of Rajasthan & Anr.; S.B. Civil Writ Petition No.
16754/2017 (decided on 01.12.2021) while relying upon the
judgment of the Hon'ble Apex Court in Shrawan Kumar Jha &
Ors. v. State of Bihar reported in AIR 1991 SC 309 observed
as under:-
"The Hon'ble Supreme Court in the case of
Shrawan Kumar Jha (supra), where appointments
were cancelled by the Government on the ground
that the District Superintendent had no authority to
appoint the petitioners therein, came to the
conclusion that the petitioners should have been
given an opportunity of hearing before cancellation
of their appointments and that no order detrimental
to the petitioners could be passed without complying
with the rules of natural justice.
In Sarika Digambar Lokare (supra) the Bombay
High Court held that even if it is claimed that the
order passed is beyond the competence of the
authority which has passed the order, the
affected persons must be heard before passing of
the order.
In view of the above, the orders impugned
dated 20/2/2017 and 21/2/2018 having been
passed in violation of principles of natural justice
cannot be sustained."
(3 of 3) [CW-1610/2017]
In view of the ratio as laid down in the above mentioned
judgments, the present impugned order dated 18.01.2017 also
admittedly being passed in contravention to the principles of
natural justice deserves to be set aside and is hereby quashed and
set aside. The respondent Authorities are directed to pass orders
afresh after affording opportunity of hearing to the petitioner in
accordance with law within a period of three months from the date
of receipt of the copy of the present order.
All the pending applications also stand disposed of.
(REKHA BORANA),J
11-Sachin/-
Powered by TCPDF (www.tcpdf.org)
