Person Acquires Vested Right To Post Upon Appointment; Orders Having Civil Consequences Must Satisfy Principles Of Natural Justice: Allahabad HC

The Allahabad High Court has recently held that once a person has been granted appointment, he acquires a vested right to continue on the said post and any order bearing civil consequences should be passed after affording him opportunity of hearing.

Petitioner’s appointment on the post of Sub Inspector, Civil Police was cancelled on the ground of concealment of criminal proceedings against him. He argued that the criminal proceedings were initiated against him when he was a minor and that he was not aware of the same.

Per Contra, Counsel of State emphasized on deliberate concealment of the criminal proceedings by the petitioner.

A bench comprising of Justice Manish Mathur observed that no opportunity of hearing was provided to the petitioner before cancelling his appointment. Accordingly, the Court observed

“Considering the fact that petitioner has earlier been granted appointment, he therefore acquired vested rights to continue on the said post and any order visiting the petitioner with civil consequences naturally is required to adhere to the object of Article 14 of the Constitution of India in so far as it relates to proving opportunity of hearing to petitioner. Such a course of action having not been taken by opposite parties clearly renders the order vitiated.”

Allowing the writ petition, the granted liberty to the State to issue fresh order in compliance of principles of natural justice.

Case Title: Arun Kumar vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Civil Sectt. Lko. And 3 Others 2023 LiveLaw (AB) 354 [WRIT - A No. - 6796 of 2023]

Citaiton: 2023 LiveLaw (AB) 354

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