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Kanwar Pal Singh v. State Of U.P. And Others - WRIT - A No. 8221 of 2006 [2006] RD-AH 3533 (15 February 2006)


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Court No.30

Civil Misc. Writ petition No.8221 of 2006

Kanwar Pal Singh  Vs. State of U.P. and others.

Hon'ble V.C.Misra,J.

Heard Sri Vivek Chaudhary, learned counsel for the petitioner, Sri V.K.Singh, Sri G.K.Singh, learned counsel for caveator- respondents, learned standing counsel on behalf of respondents no.1 & 2 and perused the record.   On the joint request of learned counsel for the parties, this writ petition is being disposed off at the admission stage in terms of the rules of the court.

The main grievance of the petitioner is that the impugned order dated 20.1.2006 (Annexure No.4 to the writ petition) has been passed by respondent no.2 behind the back of the petitioner without affording him any opportunity of hearing.  Learned counsel for the respondents and learned standing counsel have very fairly conceded to this fact. The impugned order has been passed in gross violation of principal of natural justice.

In view of the same, the impugned order dated 20.1.2006 (Annexure No.4 to the writ petition) is hereby quashed.  The matter is remanded back to respondent no.2-District Basic Education Officer, Muzaffarnagar to decide the matter afresh after affording full opportunity of hearing to all the parties concerned in accordance with law preferably within a period of two months from the date of production of this order.

With this direction, the writ petition is allowed.  No order as to costs.

Dated. 15.2.2006



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