High Court of Judicature at Allahabad
Case Law Search
Pushpa Dwivedi And Others v. State Of U.P. And Others - WRIT - A No. 22452 of 2007  RD-AH 9046 (11 May 2007)
Civil Misc. Writ Petition No. 22452 of 2007
Pushpa Dwivedi & others ..... Petitioners
State of U.P& others ...... Respondents
Hon'ble Ashok Bhushan,J.
Learned Standing Counsel appears for respondent No. 1 to 6.
By this writ petition, the petitioners have challenged the order dated 17.2.2007 cancelling the selection of the petitioner. Earlier this Court vide its judgement and order dated 26.9.2006 in writ petition No. 50346 of 2006 Smt. Meera Pandey and others versus State of U.P and others allowed the writ petition and set aside the order of the State Government cancelling the entire selection. Subsequent to the order an enquiry was conducted and report was submitted on 19.12.2006. In the report with regard to each of the petitioners certain allegations have been made. The report also recommended that those candidate whose selection has been found valid may be permitted to join and those persons whose selections are irregular/invalid, their selection be cancelled after giving notice. After receiving the said report the State Government passed an order dated 23.1.2007 cancelling the entire selection. In pursuance of the order of the State Government consequential orders have been passed cancelling the selection.
The counsel for the petitioner contended that the enquiry report categorically mentions that the complainants were heard but the petitioners were not given any opportunity. He further submits that the allegations against the petitioners were such which were personal in nature and the petitioners were entitled for an opportunity to rebut the said allegations. He further contends that certain other selected candidates whose selection was cancelled has already filed writ petition being writ petition No. 10310 of 2007 Smt.Malti Devi and others versus State of U.P & others in which this Court granted an interim order on 28.2.2007.
In view of the submissions of the learned counsel for the petitioner as noted above and facts of the present case, it does appear that the enquiry report was submitted without hearing the petitioner and although
there was categorical recommendation in the enquiry report that against the candidates with regard to whom certain irregularity has been found a notice be given and thereafter selection be cancelled but after the said report the state chose not to issue any notice and cancelled the selection. A perusal of the enquiry report indicates that the allegations against each of the petitioner are separate and distinct which required giving an opportunity to each of the petitioner.
In view of the above, the petitioners have made out a case for grant of interim relief. Learned Standing Counsel may file counter affidavit within four weeks.
Connect this writ petition with writ petition No. 10310 of 2007 Smt.Malti Devi and others versus State of U.P & others. Till the next date of listing, the impugned order dated 17.2.2007 shall remain stayed.
Double Click on any word for its dictionary meaning or to get reference material on it.