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Vidyawati Devi v. State of U.P. and 3 Others

Allahabad HC9 Nov 2022WRIA/17882/2022

Case brief

AI extract

What is this about?

The High Court set aside an order dated 21.08.2021 passed without giving prior notice to the petitioner regarding objections raised by the Manager, holding it a violation of natural justice. The matter was remitted with a direction to issue notice, hear parties, and pass a reasoned order within three months. It further directed 8% interest on any payable amount.

What did the court decide?

Impugned order dated 21.08.2021 set aside; matter remitted to respondent no.3 for fresh order procedure with notice. Payment if due to be made within time with 8% interest for delay.

Vidyawati Devi Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 17882 of 2022

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Petitioner :- Vidyawati Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Mishra,Shalini Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Ms. Shalini Mishra, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

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Besides other ground, it has been strenuously urged, prior to issuance of the impugned order dated 21.08.2021, no notice was given to the petitioner and the petitioner was not confronted with the objection claimed to have been raised by the Manager as to absence of the petitioner at the relevant period. However, the impugned order that has been passed pursuant to the earlier direction of this Court dated 22.12.2009 in Writ - A No. 70012 of 2009. As noted, the only reason disclosed is the objection raised by the Manager.

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Plainly, the order has been passed in violation of principles of natural justice. If the DIOS, Gorakhpur proposed to rely on the objection raised by the Manager, prior notice with respect to the same ought to have been issued to the petitioner and her reply called before any adverse order may have been passed for that reason.

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Since, denial of opportunity of hearing goes to the root of the matter, further, at present, it does appear, no prior notice was issued to the petitioner, no useful purpose would be served in keeping the present petition pending or calling for a counter affidavit, at this stage.

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Accordingly, the impugned order dated 21.08.2021 is set aside. The matter is remitted to respondent no.3 to pass a fresh order. In that regard, the respondent may first issue a proper notice to the petitioner annexing thereto objection raised by the Manager of the institution. The said compliance may be made within a period of one month from the date of production of a certified copy of this order. The petitioner shall have two weeks thereafter to submit her reply supported by her personal affidavit annexing thereto all relevant documents as she may seek to rely. Thereafter, the DIOS may fix a short date for hearing wherein he may also hear the Committee of Management of the institution and pass a reasoned and speaking order, as expeditiously as possible, preferably within a

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period of three months from today.

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Any amount found payable, be paid out to the petitioner within the same time, failing which, the same shall attract liability @ 8% from the date of the amount becoming due till the date of actual payment.

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With the aforesaid observation, present writ petition stands disposed of .

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Order Date :- 9.11.2022 Abhilash

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Digitally signed by ABHILASH SINGH Date: 2022.11.09 17:34:29 IST Reason: Location: High Court of Judicature at Allahabad

Vidyawati Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vidyawati Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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