Cancellation of absorption without reasons or hearing violates natural justice and is invalid.

The petitioner was engaged as a daily-wage Junior Clerk in 1992.

After litigation concerning his service, he received the minimum of the applicable pay scale from 7 February 2005.

Two employees engaged after him were absorbed retrospectively, and the petitioner was later absorbed against a vacant Junior Assistant post by order dated 10 January 2014, following a committee recommendation.

On 7 November 2014, the respondents cancelled his absorption without prior notice or hearing.

He challenged that order, alleging that it gave no reasons and violated natural justice.

Whether the cancellation of the petitioner’s absorption was invalid for failure to state reasons.

Whether cancellation without notice or an opportunity of hearing violated the principles of natural justice.

The Court referred to the Uttar Pradesh Regularisation of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group “C” and Group “D” Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016, observing that the impugned order did not identify any provision of those Rules that the petitioner had failed to satisfy.

The Court applied the principles that administrative orders must disclose reasons and that a decision adversely affecting a person’s service position must comply with natural justice by providing notice and an opportunity of hearing.

The cancellation order stated that the petitioner did not fulfil the absorption requirements but did not specify the applicable provision or explain the basis for that conclusion. The Court therefore treated it as unreasoned.

It also found that the petitioner had not been given notice or a hearing before his absorption was cancelled; the relevant pleading was not denied in the counter-affidavit. These defects made the order both unreasoned and contrary to natural justice.

It set the order aside, allowed the writ petition, and made no order as to costs.