Pradeep Kumar vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

Petitioner was granted a certificate by Tehsildar, Roorkee on 14.05.2007, that his income from all sources is less than Rs. 1300/- per month. Based on said certificate, his wife was appointed as "Aanganwari Karyakarti". Petitioner is challenging an order passed by Tehsildar, Roorkee on 07.01.2011, whereby the income certificate dated 14.05.2007, issued in favour of the petitioner, has been cancelled.

Learned counsel for the petitioner submits that petitioner was not heard at any stage before cancelation of his income certificate.

Perusal of the cancellation order does not reflect whether any notice was issued to petitioner or his reply was considered. In para no.10 of the counter-affidavit filed by Mr. Devendra Singh Negi, Tehsildar, Roorkee, on behalf of respondent nos.1 and 2, it has been stated that "before passing the order dated 07.01.2011, an enquiry was conducted in presence of Sri Dharam Singh, Sri Pawan, Sri Subhash Chand, Up-Pradhan Sri Gopal and Sri Pankaj and the petitioner has knowledge of the said enquiry." It is nowhere stated in the said counter-affidavit whether, petitioner was given notice or opportunity of hearing.

From the aforesaid discussion, it is apparent that petitioner was not heard before cancelling the income certificate issued in his favour. Since cancellation of income certificate has civil consequences to the petitioner, therefore, principles of natural justice were required to be followed in the matter. Since petitioner was not heard while cancelling his income certificate, therefore, impugned cancellation order cannot be sustained in the eyes of law.

On this short point alone, the writ petition is allowed. Impugned cancellation order dated 07.01.2011 is quashed. Respondent no.2 is directed to pass fresh order, within ten weeks, after providing reasonable opportunity of hearing to the petitioner.