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2025 DAILYLAW 9984 (UTT)

SUNIT KUMAR SHARMA v. GOVIND BALLABH PANT UNIVERSITY OF AGRICULTURE AND TECHNOLOGY

WPSS/1332/2025 · 2025-08-22

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:7456 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1332/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Harendra Belwal & Mr. Sagar Kumar, Advocates for the petitioner. 2. Mr. S.S. Lingwal, Advocate for the respondents. 3. Petitioner has challenged order dated 17.07.2025, passed by Dean, Fisheries, G.B. Pant University of Agriculture and Technology, whereby his entry into Fisheries Department has been banned. 4. Learned counsel for the petitioner submits that petitioner was engaged as outsourced employee in Fisheries Department since 2012 and he was discharging his duties with utmost honesty and sincerity and the impugned order has been passed without any reason and justification. He further submits that petitioner was not given any opportunity of hearing before passing the order. 5. Perusal of the impugned order indicates that it has been passed by way of punishment. In other words, it is stigmatic in nature. 6. Mr. S.S. Lingwal, learned counsel appearing for the respondents do not dispute the contention raised by learned counsel for the petitioner that petitioner was not heard before passing the order. 7. It is settled position in law that any order, which entails civil or evil 2025:UHC:7456 consequences to a person cannot be passed, without affording opportunity of hearing to him. The order impugned has civil consequences for the petitioner, therefore, he was entitled to hearing. 8. Since hearing was not given to petitioner, therefore, the writ petition is allowed and the impugned order dated 17.07.2025 is set aside. However, the Competent Authority shall be at liberty to pass fresh order, as per law. (Manoj Kumar Tiwari, J.) 22.08.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.22 19:42:51 +05'30'