Allowed

Mohneesh Srivastav S/O Sanjay Srivastav v. the State of Rajasthan

Rajasthan HC17 Oct 2022CW/6637/2021

Case brief

AI extract

What is this about?

This court allowed the writ petition referencing a prior judgment that quashed a termination order passed without a hearing, violating principles of natural justice. The termination dated 27.05.2021 is quashed, allowing fresh action only after an opportunity of hearing is afforded.

What did the court decide?

The order of termination dated 27.05.2021 qua the petitioner is quashed and set aside. Respondents are at liberty to take fresh action after providing an opportunity of hearing.

Mohneesh Srivastav S/O Sanjay Srivastav Vs the… — Service and Employment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6637/2021

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Mohneesh Srivastav S/o Sanjay Srivastav, Aged About 25 Years, R/o 1 K 9, Stc Housing Board Colony, Bharatpur, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary Medical And Health Department, Government Of Rajasthan, Jaipur.

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The Director (Public Health), Medical And Health Services, Rajasthan, Jaipur.

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The Additional Director (Administration), Medical And Family Welfare Department, Rajasthan, Jaipur.

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The Chief Medical And Health Officer, Bharatpur.

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----Respondents

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For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : Mr. Vivek Tyagi, Dy. G.C.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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17/10/2022

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Counsel for the petitioner submitted that the issue involved in this writ petition has been considered and decided by this court on 13.09.2022 in the matter of Manju Jaisawal & Ors. Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition no.7125/2021 and other connected petitions) wherein it has been held as under:-

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“These writ petitions have been filed by the petitioner challenging their termination order dated 27.05.2021 whereby their services have been terminated by the respondents.

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Brief facts of the case are that in pursuance of the advertisement dated 03.05.2021, the petitioners were appointed

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(2 of 2)

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[CW-6637/2021]

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on the post of ANM/Pharmacist/GNM by the respondents vide order dated 20.05.2021. In compliance of the order dated 20.05.2021, all the petitioners joined their respective posts.

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The grievance of the petitioners is that the respondents have issued the order dated 27.05.2021 whereby cancelled their appointment order without assigning any reason and without affording any opportunity of hearing to the petitioners which is in violation of principles of natural justice.

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Learned counsel for the respondents opposed the writ petition and submitted that the respondents have cancelled the appointment order of the petitioners within a period of one week as no reservation was provided in the selection process.

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Heard counsel for the parties. These writ petitions filed by the petitioners deserves to be allowed for the reason that no opportunity of hearing was provided to the petitioners prior to passing of their order of

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termination which is in my view, in violation of principles of natural justice.

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Therefore, these writ petitions are allowed. The order of termination dated 27.05.2021 qua the petitioners is quashed and set aside. However, the respondents are at liberty to take fresh action against the petitioners after providing them opportunity of hearing, if they so desire.”

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Counsel for the respondents has not disputed the submission made by counsel for the petitioner.

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In that view of the matter, this writ petition is allowed. The order of termination dated 27.05.2021 qua the petitioner is quashed and set aside. However, the respondents are at liberty to take fresh action against the petitioner after providing him opportunity of hearing if they so desire.

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(INDERJEET SINGH),J

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JYOTI /118

Mohneesh Srivastav S/O Sanjay Srivastav v. the State of Rajasthan

Case brief

What is this about?

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Mohneesh Srivastav S/O Sanjay Srivastav v. the State of Rajasthan

Case brief

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