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Nisha Devi v. State of Himachal Pradesh and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 2915-2917 of 2014)Decided 28 Feb 2014
Civil Appeal Nos. 2915-2917 of 2014
Justice T.S. Thakur · Justice Vikramajit Sen

Background

This order sends the case back; it does not decide the dispute. An Anganwadi worker's appointment was challenged on the ground that her income exceeded the scheme's eligibility limit. A revenue official cancelled her income certificate using land records concerning her and her father. The High Court relied on that report, although she had not been heard before it was prepared.

Decision Breakdown

This is not a final decision on the dispute. The Court set aside the challenged judgments because the income determination had serious consequences and was reached without giving the worker an opportunity to respond. Reliance on revenue records did not cure that failure to hear her side. It remitted the dispute for a fresh decision after notice and a hearing, to be completed within six months of service of the order. The Court therefore required reconsideration rather than finally deciding whether her income met the appointment criteria.

Lesson Learnt

Before cancelling an eligibility certificate that affects someone's employment, the authority must give that person a meaningful chance to answer the evidence relied upon.

Official source (sci.gov.in)View Judgment (PDF)

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