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NISHA DEVI vs. STATE OF H.P. & ORS.

SCR Citation: [2014] 3 S.C.R. 483
Year/Volume: 2014/ Volume 3
Date of Judgment: 28 February 2014
Petitioner: NISHA DEVI
Disposal Nature: Appeals Allowed
Neutral Citation: 2014 INSC 157
Judgment Delivered by: Hon'ble Mr. Justice Vikramajit Sen
Respondent: STATE OF H.P. & ORS.
Case Type: CIVIL APPEAL /2915/2014
Order/Judgment: Order
1. Headnote

Service Law: Appointment as Anganwadi worker - Income tax certificate issued to the appellant to the effect that her income was less than Rs.12,000 p.a. making her eligible for appointment as Anganwadi worker - Cancellation of appointment by placing reliance on the report of Tehsildar that the appellant was owner of 1-19 Bighas of land which was in addition to her father's ownership of 6 Bighas of land - High Court also accepted the report without hearing the appellant - On appeal, Held: High Court has acted upon this one sided or unilateral Report of the Tehsildar in arriving at the conclusion that the appellant indeed had an income in excess of Rs.12,000 p.a. and, accordingly, was ineligible for appointment as an Anganwadi Worker - Before arriving at any decision which has serious implications and consequences to any person, such person must be heard in his defence - High Court did not notice the violation and infraction of this salutary principle of law - Accordingly, on this short ground, the impugned judgment is set aside - Matter remanded to the Divisional Commissioner for taking a fresh decision after giving due notice to the appellant and affording her an opportunity of being heard - Rule of natural justice.

2. Case referred
3. Act
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4. Keyword
  • Service Law
  • Appointment as Anganwadi Worker
  • Principle of Law
  • Rule of Natural Justice