Allahabad High Court
POONAM VERMAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The termination order was quashed as it was passed without notice or opportunity of hearing, violating natural justice.
Summary
Petitioner Poonam Verma, an Asha Karyakarti posted at Community Health Center Lodhi, was terminated by an order dated 19-02-2026 issued by the Chief Medical Officer, Aligarh, following a complaint. The petitioner challenged the termination, contending that no notice or opportunity to be heard was afforded, thereby breaching the principles of natural justice. The Court examined the impugned order and found it was indeed passed without any hearing. Relying on the requirement of audi alteram partem, the Court held that the order was invalid. Consequently, the termination order was quashed, the writ petition was allowed, and the respondent was directed to issue a fresh order within three weeks, without restoring the petitioner to the post pending that fresh decision.
Issues considered
- Whether the termination order passed without notice and hearing violates the principles of natural justice.
- Whether the impugned order can be set aside and a fresh order directed.
Subjects
- natural justice
- due process
- termination of service
- writ petition
- quashing order
- fresh order
- principles of natural justice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7317 of 2026
Poonam Verma
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : S.K. Verma, Vikas Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondents.
2. The petitioner was appointed on the post of Asha karyakarti and posted
at Community Health Center Lodhi, District Aligarh pursuant to the
selection made in the year 2018. On a complaint made by one Smt.
Priyanka wife of Smt. Shobhit Bhardwaj, inquiry was conducted in whcih
the petitioner was found guilty and her services were terminated by order
impugned dated 19.02.2026 passed by the respondent no.3/Chief Medical
Officer, Aligarh, copy of the same is appended as Annexure no.1 to the
writ petition.
3. It is argued by learned counsel for the petitioner that before passing the
order impugned, no notice or opportunity of hearing was provided to the
petitioner for giving reply on the allegations made in the order impugned
and the order impugned has been passed in complete violation of
principles of natural justice.This fact is also clear from perusal of the
order impugned.
4. Heard learned counsel for the parties and perused the record.
5. Since the order impugned has been passed without providing any notice
or opportunity of hearing to giving reply to the allegations made in the
order impugned and in complete violations or principles of natural justice,
the order impugned dated 19.02.2026 passed by the respondent no.3/Chief
Medical Officer, Aligarh is liable to be set aside and the same is hereby
WRIA No. 7317 of 2026
2
quashed.
6. The writ petition is allowed.
7. The respondent no.3/Chief Medical Officer, Aligarh is directed to pass
fresh order strictly in accordance with law within three weeks from the
date of production of certified copy of this order.
8. It is made clear that this order will not permit the petitioner to work on
the post in question and her services will be subject matter of fresh
decision taken by the respondent No.3.
(Prakash Padia,J.)
May 14, 2026
saqlain
Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad
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