5.5.2009 Present: Mr. D. K. Khanna, Advocate, for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Ankush Dass Sood, Addl. A.G. and Mr. R.P. Singh, Asstt. A.G. for respondents. CWP(T) No.3807/2008 Vide order dated 19.9.1996 (Annexure A-2), petitioner was appointed as Nursery Teacher and posted at Dadahoo. The petitioner joined at the same place but, however, vide another office order dated 30.9.1996 (Annexure A-1), the said appointment order was withdrawn for the reason that her selection and appointment was not based on the recommendation made by the Public Service Commission. Apparently, her appointment was illegal and dehors the provisions of the Rules. The petitioner filed the present petition and on 10.10.1996, by way of an interim order, it was directed that the “impugned order dated 30.9.1996 (Annexure A-1), be not given effect to till further orders.” Said order is in operation till date. There are rival contentions made by the parties with regard to the legality/illegality of the impugned order. The fact of the matter however is, that prior to the issuance of the impugned order, petitioner was not afforded any opportunity of hearing. Cancellation of her appointment definitely entails civil consequences. Before taking any adverse action, petitioner ought to have been heard in the matter. Mr. Khanna has referred to and relied upon a decision rendered by the Apex Court in Shrawan Kumar Jha & Ors. V. State of Bihar & Ors. (1991) Suppl.1 SCC 330, wherein under similar circumstances, the Apex Court set-aside the order of cancellation of appointment and directed the State to take a fresh decision by affording due opportunity of hearing to the petitioner. In the facts and circumstances, on this limited ground, the present petition is disposed of. Order dated 30.9.1996 (Annexure A-1) is quashed with the directions that the respondents, after affording due opportunity of hearing to the petitioner shall take action in accordance with law. The appropriate authority shall pass a speaking order. The action shall be positively taken within a period of three months from today. She shall be at liberty to assail the same, if need so arises. The interim order dated 10.10.1996 stands vacated. Copy dasti. ( Sanjay Karol ), Judge. May 5, 2009 (rana)