NISHA DEVIversusSTATE OF H.P. & ORS.

                    [2014] 3 S.C.R. 483

                        NISHA DEVI                             A
                             V.
                  STATE OF H.P. & ORS.
          (Civil Appeal Nos. 2915-2917 of 2014)

                   FEBRUARY 28, 2014·
                                                               B
       [T.S. THAKUR AND VIKRAMAJIT SEN, JJ.]

     Service Law: Appointment as Anganwadi worker -
Income tax certificate issued to the appellant to the effect that
her income was less than Rs.12000 p.a. making her eligible C
for appointment as Anganwadi worker - Cancellation of
apP.ointment by placing reliance on the report of Tehsildar that
the appellant was owner of 1-19 Bighas of land which was in
addition to her father's ownership of 6 Bighas of land - High
Court a/so accepted the report without hearing the appellant D
- On appeal, Held: High Court has acted upon this one sided
or unilateral Report of the Tehsildar in arriving at the
conclusion.that the appellant indeed had an income in excess
of Rs. 12000 p.a. and, accordingly, was ineligible for
appointment as an Anganwadi Worker - Before arriving at any E
decision which has serious implications and consequences
to any person, such person must be heard in his defence -
High Court did not notice the violation and infraction of this
salutary principle of law - Accordingly, on this short ground,
the impugn~d judgment is set aside - Matter remanded to the F
Divisional Commissioner for taking a fresh decision after
giving due notice to the appellant and affording her an
opportunity of being heard - Rule of natural justice.

    CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
2915-17 of 2014.                                              G

    From the Judgment & Order dated 14.12.2009,
23.03.2010 & 27.04.2011 of the High Court of Himachal
Pradesh at Shimla in C.W.P. No. 4169 of 2009, Civil Review
                            483                               H
    484      SUPREME COURT REPORTS                [2014] 3 S.C.R.


A   No. 9 of 2010 & C.W.P. No. 4169 of 2009.

       Arun K. Sinha, Sumit Sinha, Rakesh Singh, Ajay for the
    Appellant.

      Suryanarayana Singh, AAG, Pragati Neekhra, San~eep
B Narain for the Respondents.

          The Order of the Court was delivered by

          VIKRAMAJIT SEN, J. 1. Leave granted.

C         2. Delay condoned.

         3. By means of these Appeals the Appellant/ Petitioner
    assails the decision of the High Court of Himachal Pradesh at
    Shimla in C.W.P.No.4169 of 2009, whereby her appointment .
    as an Anganwadi Worker, on 11.04.2007, was set aside. The-
D   Appeals present a picture of protra~ted litigation. It appears
    that Respondent No.5 had successfully challenged the
    Appe(lant's appointment before the Deputy Commissioner. The
    Appellant's consequent Appeal had limited success before the
    Divisional Commissioner as he, by Order dated 13.05.2008,
E   had remanded the matter to the Deputy Commissioner, Kullu,
    for fresh consideration. This time around the Appellant had
    succeeded upto the level of the Divisional Commissioner
    resulting in filing of C.W.P.No.1570 of 2009 before the High
    Court. The previous writ proceedings filed by Respondent No.5
F   succeeded inasmuch as it was held that the Divisional
    Commissioner had no power to review his own Order under
    the Scheme and Guidelines relating to 'Anganwadi Workers'.
    The narration of the complicated and convoluted sequence of
    events is not essential for deciding the present Appeals for the
G   simple reason that the impugned Judgments accept the Report
    of the Tehsildar, Kullu, which was itself predicated only on the
    revenue records and was arrived at without hearing the
    Appellant. In the said Report the Income Certificate issued to
    the Appellant, to the effect that her income was less than Rupees
H   twelve thousand per annum, thereby making her eligible for
                                   )




          NISHA DEVI v. STATE OF H.P. & ORS.                485.
                 [VIKRAMAJIT SEN, J.]
appointment as a Anganwadi Worker, was cancelled on the A ·
predication that she was the owner of 1-19 Bighas of land
which was in addition to her father's ownership of 6 Bighas of
land.

     4. In the course of arguments addressed before us, the 8
fervent submission of counsel of the Appellant that she was not
afforded any opportunity of being heard has not been
controverted, inasmuch as it has been contended that the
Report of the Tehsildar was based on revenue records, which,
therefore, was presumed to be correct. The High Court has
acted upon this one sided or unilateral Report of the Tehsildar C
in arriving at the conclusion that the Appellant indeed had an
income in excess of Rupees twelve thousand per annum and,
accordingly, was ineligible for appointment as an Anganwadi
Worker.
                                                                 D
     5. Trite though it is, we may yet again reiterate that the
principle of audi alteram partem admits of no exception, and
demands to be adhered to in all circumstances. In other words,
before arriving at any decision which has serious implications
and consequences to any person, such person must be heard E
in his defence. We find that the High Court did not notice the
violation and infraction of this salutary principle of law.
Accordingly, on this short ground, the impugned Judgments and
Orders require to be set aside, and are so done. The matter
is remanded back to the Divisional Commissioner for taking a F
fresh decision after giving due notice to the Appellant and
affording her an opportunity of being heard. The Divisional
Magistrate, Kullu, shall complete the proceedings expeditiously,
and not later than six months from the date on which a copy of
this Order is served on him.                                     G
   · 6. The appeals are allowed in the above terms.

       7. The parties to bear their respective costs.
D.G.                                           Appeals allowed.    H