Constitution of India - Article 14, 15 and 311 - opportunity of being heard

Roma Devi Vs State of HP 12.05.2008 HPAT
OA No. 268 of 2007
MR Verma

2008 (1) LHLJ 740

Con­sti­tu­tion of India, Arti­cles 14,16 and 311(2)(b) — Removal from ser­vice — Dis­pens­ing with enquiry — On the basis of report from ADGP (Enforce­ment) HP as their appoint­ment was ille­gal because it was based on selec­tion made in a selec­tion process which was ille­gal in as much as the then Chair­man of SSSB had tem­pered with and fab­ri­cated the selec­tion record for which he was held guilty and sen­tenced by the Court — No shown that the report of ADGP is based on inquiry in which appli­cants were asso­ci­ated and heard — A case of not hold­ing an appro­pri­ate inquiry into the alle­ga­tions against the appli­cants and of remov­ing them from ser­vice with­out afford­ing them proper oppor­tu­nity of being heard — Impugned order liable to be quashed.

Constitution of India - Article 14, 15 and 311 - opportunity of being heard