SC: Chief Engineer cannot pass any order which would deprive the employees from opportunity of being heard

The Apex court on 15.11.2018, in U.P. JAL NIGAM & ORS.  v  AJIT SINGH PATEL & ORS[1] , disposed of the appeals which were  filed  as an  expectation to   the judgment and order that was passed by the High Court of Judicature at Allahabad.

FACTS: The concerned writ petition had been filed by the   respondents challenging the order that had been passed   by   the   Chief Engineer wherein it was discovered that the appointments which were made to certain posts   of Engineers were declared as void ab initio.

The High Court allowed the concerned writ petition by its order and judgment while upholding the individual notice to the appointees as indispensable.  Being   aggrieved by the decision, a   Special   Leave Petition was filed before the Supreme Court of India by the Appellants which was subsequently  disposed  of.

 HELD:

The Apex Court while setting aside and quashing the order of the Chief Engineer, concluded that the order was violative of the principles   of   natural   justice    as the petitioner were deprived of a notice along with an opportunity of being heard, further there was lack of any step for distinguishing the case pertaining   to the tainted and non ­tainted candidates for reaching a conclusion.


[1] https://www.sci.gov.in/supremecourt/2018/30171/30171_2018_Judgement_15-Nov-2018.pdf

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