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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15478 of 2025 Court No. - 35 HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard learned counsel for both the parties.
2. The petitioner has filed the present writ petition with the following prayers:
"i) To call for the record and to issue writ order or direction in the nature of certiorari quashing the order dated 06.08.2025 passed by Respondent No.4. ii) To issue writ order or direction in the nature of mandamus directing the respondent authorities to consider the appointment of the Petitioner on compassionate ground"
3. Learned counsel for the petitioner submits that the impugned order dated 06.08.2025 has been passed against the petitioner, declining his claim for appointment under the Dying in Harness Rules on the basis of a complaint. An ex-parte inquiry was conducted, wherein the incorrect date of birth was treated as correct and the petitioner was declared to be below 18 years of age. The said order has been passed without providing any opportunity of hearing to the petitioner, which amounts to a violation of the principles of natural justice as well as Article 21 of the Constitution of India.
4. Mr. Rama Nand Pandey, learned counsel for the respondents also admits that no opportunity of hearing was given to the petitioner before rejecting his application under the Dying in Harness Rules. Versus Counsel for Petitioner(s) : Alok Kumar Yadav, Vashistha Dubey Counsel for Respondent(s) : C.S.C., Rama Nand Pandey Anil Kashyap .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
5. In the opinion of this Court, without giving an opportunity of hearing to rebut the allegations and substance collected by the Inquiry Officer, no such order can be passed, as it would be against the principles of natural justice. Thus, one opportunity is granted to the concerned respondent authority to take appropriate decision after providing an opportunity of hearing to the petitioner.
6. With the above directions, the writ petition is disposed of.
7. The impugned order dated 06.08.2025 is quashed and set aside with the above directions. October 15, 2025 K.Tiwari WRIA No. 15478 of 2025 2 (Praveen Kumar Giri,J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad