Sangeeta Kumari Sahu vs The State Of Jharkhand & Others
2022 Latest Caselaw 593 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               W.P.(S) No. 2815 of 2016
          Sangeeta Kumari Sahu                        .... .... Petitioner
                                   Versus
          The State of Jharkhand & Others              .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE DR. S.N. PATHAK (Through Video Conferencing)

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For the Petitioner : Mr. Deva Kant Rai, Advocate For the Respondent-State : Mr. Rahul Saboo, S.C.-I For the Respondent-JEPC : Mr. Krishna Murari, Advocate

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5 / 21.02.2022 The matter relates to removal from service of the petitioner and the writ petition was filed in the year 2016.

By order dated 11.4.2019, the respondents were directed to inform this Court as to whether the petitioner was issued any show cause notice before issuance of the impugned order.

Though a voluminous counter affidavit has been filed, but nothing has been whispered whether cardinal principle of natural justice was ever adhered to or not. Learned counsel appearing for the respondent State, Mr. Rahool Saboo, places heavy reliance upon the judgment of the Hon'ble Supreme Court in the case of State Bank of India & Ors. Vs. S.N. Goyal, reported in (2008) 8 SCC 92, as also the judgment passed by Division Bench of this Court in L.P.A. No. 574 of 2016 (Bijay Kumar Pandey Vs. Ranchi University & Ors).

The judgments relied upon by learned counsel for the respondent State are not at all applicable in the facts of this case, as the impugned order has been issued in complete violation of the principles of natural justice.

However, in order to give one more chance to the respondent- State to inform this Court whether before issuance of the impugned order, a show cause notice was issued to the petitioner or not.

Learned counsel for the respondent Jharkhand Education Project Council may also seek instruction on that very point.

Put up this case on 08.03.2022 'For Final Disposal'.

(Dr. S. N. Pathak, J.) R.Kr.