Chinta Singh vs State of U.P. and Others

Learned Counsel appearing for Respondent No. 5 prays for and is allowed three weeks'' time to file counter affidavit. Learned Standing may file counter affidavit within the said period. List after three week.

Petitioner''s case in this petition, is that the income certificate was issued to the Petitioner on 29.06.2010 by the Respondent No. 2 which has been cancelled without giving any notice or opportunity on a complaint of Respondent No. 5.

Learned Counsel for the Respondent No. 5 relying upon the judgment of Apex Court reported in Union of India and Others Vs. Anand Kumar Pandey and Others, submits that it is not necessary to give notice or opportunity in all the cases. The Apex Court in the aforesaid judgment was considering the case where Railway Board directed the empanelled candidates to appear for fresh selection without giving them any notice. The said decision was taken by the Railway Board after receiving complaints regarding conduct of examination at centre No. 115. The Tribunal had set aside the decision on the ground which was in violation of principle of natural justice. The Apex Court held that rules of natural justice can not be put in a straight jacket. From centre No. 115 out of all the candidates who appeared in the written test only 35 candidates qualified the test hence the Railway authorities took decision to permit them fresh written examination which virtually amounts to canceling the result of said centre. The said case is clearly distinguishable from the facts of the present case. In the present case action has been taken against an individual canceling the income certificate granted to the Petitioner. In the present case no notice has been issued to the Petitioner canceling the income certificate. The Petitioner has made out the case for interim relief.

Till 17.4.2011 the effect and operation of the impugned order dated 17.3.2011 shall remain stayed.