LI Network
Published on: 02 October 2023 at 10:41 IST
The Allahabad High Court has recently affirmed that once a person has been appointed to a position, they acquire a vested right to continue in that role, and any order with civil consequences must be made after affording them the opportunity for a fair hearing.
The petitioner, who had been appointed as a Sub Inspector in the Civil Police, had their appointment canceled on the grounds of concealing criminal proceedings against them. The petitioner argued that these criminal proceedings had been initiated during their minor years, and they were not aware of them.
On the contrary, the State’s counsel emphasized that the petitioner deliberately concealed information about the criminal proceedings.
A bench presided over by Justice Manish Mathur noted that no opportunity for a hearing had been provided to the petitioner before their appointment was canceled. Consequently, the court observed that:
“Considering the fact that the petitioner has previously been granted the appointment, they have acquired vested rights to continue in the said post. Any order that has civil consequences must adhere to the principles of Article 14 of the Constitution of India, which relate to providing an opportunity for a hearing to the petitioner. The failure of the opposite parties to take such action clearly renders the order flawed.”
In response, the court allowed the writ petition and granted the State the liberty to issue a fresh order in compliance with the principles of natural justice.
Also Read: Are there any exceptions to the Fundamental Rights under the Indian Constitution?
Case Title: Arun Kumar v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Civil Sectt. Lko. And 3 Others