1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 5133/2008 (Yogesh Anandrao Potale vs. State of Maharashtra and others) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 12th January, 2009. *** 1. Heard Mr Anand Parchure, learned counsel for petitioner; Mrs. Bharati Dangre, learned Additional Govt. Pleader for Respondents 1 & 3 and Mr. Mohan Sudame, for Respondent no. 2. 2. Mr. Parchure, learned counsel for petitioner has submitted that the petitioner was selected for the post of Peon and was given appointment order dated 15.7.2008 issued by the Respondent-Zilla Parishad. It is contended that at a later point of time, the Respondent-Zilla Parishad, once again, published the fresh select list in respect of the Peon and the name of petitioner was not included in the said select list, for no justifiable reason. It is further contended that the Respondent-Zilla Parishad vide communication dated 19.11.2008 cancelled the appointment of the petitioner, without giving reasonable opportunity of hearing to the petitioner and, therefore, it is prayed that the order of cancellation of appointments of the petitioner being violative of 2 principles of natural justice, cannot be sustained in law. 3. Mr. Sudame, learned counsel for Zilla Parishad has submitted that if this Court permits, the petitioner will be given reasonable opportunity of hearing and reconsider the issue by taking a fresh decision in this regard. 4. Considered the contentions canvassed by the respective counsel. Since it is not in dispute that the petitioner was selected and orders of appointment dated 15.7.2008 was issued to the petitioner by Zilla Parishad, it was necessary for Zilla Parishad to follow the principles of natural justice before cancelling the said appointment order and since this procedure has not been followed, the action of cancellation of appointment by Zilla Parishad has resulted in violating the principles of natural justice. 5. For the reasons stated hereinabove, we quash and set aside the order dated 19.11.2008, remit the matter back to Zilla Parishad for reconsideration of the said issue and take a final decision on its own merit and in accordance with law, within a period of fifteen days from the date of communication of this order, by following principles of natural justice. 6. With the above observation and direction Writ Petition is disposed of. Order of status quo 3 granted by this court to continue till the decision is taken by Zilla Parishad on the above-referred representation. JUDGE JUDGE sahare