The Deputy Director Uidai ... vs Gande Shiva Prasad
2021 Latest Caselaw 3656 Tel

  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

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