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Judgment
Jagmohan Bansal, J
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 26.12.2024 (Annexure P-4) whereby respondent has cancelled his provisional appointment as Constable.
The petitioner, pursuant to Advertisement No.4/2020, applied for the post of Constable. He was issued provisional appointment letter on 13.08.2023. He submitted his mark sheet of graduation. Himalayan University confirmed his 3rd year mark sheet, however, Directorate of Higher Education, Sikkim vide communication dated 30.11.2024 clarified that BA 1st and 2nd year mark sheet submitted by petitioner is fake. On account of aforesaid report, the respondent cancelled petitioner’s appointment letter.
Learned counsel for the petitioner submits that respondent has year & 2nd year mark sheets are not valid. The mark sheets of 1st and 2nd year were issued by EIILM University, Sikkim i.e. respondent No.4. The respondent has not conducted inquiry from said University and declared mark sheets invalid. The impugned order has been passed without granting opportunity of hearing to the petitioner. On the basis of one-sided inquiry, impugned order could not be passed.
Learned State counsel submits that competent authority would pass a fresh order in accordance with law after granting opportunity of hearing to the petitioner.
Learned counsel for the petitioner agrees to the aforesaid arrangement.
In the wake of statement of both sides, the petition stands disposed of with a direction to respondents to pass a fresh order within three months from today after granting an opportunity of hearing to the petitioner. The Court is sanguine of the fact that fresh order would be passed in accordance with law.