Sulochana Kumari vs The State Of Bihar
2021 Latest Caselaw 1770 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.21657 of 2019
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Sulochana Kumari, Wife of Sri Rakesh Kumar, Resident of Village- Chankap, P.S.- Kutumba, District- Aurangabad.

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Department, Government of Bihar, Patna.

2. The Principal Secretary, Food and Civil Supplies Department, Government of Bihar, Patna.

3. The District Magistrate, Aurangabad.

4. The District Supply Officer, Aurangabad.

5. The Sub Divisional Officer, Aurangabad.

6. The Sub Divisional Officer, Daudnagar.

7. The District Cooperative Officer, Aurangabad.

8. The District Welfare Officer, Aurangabad.

9. The Executive Engineer, PHED, Aurangabad. 10 The Divisional Commissioner, Magadh Division, Gaya

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Singh, Advocate Mr. Saket Gupta, Advocate For the Respondent/s : Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 25-03-2021

I. A. No. 1 of 2020.

This interlocutory application has been preferred

seeking amendment of pleadings and reliefs in the writ

application. It is stated that during the pendency of this writ

application the respondents have come out with Advertisement

No. 1 of 2019-20 issued under the signature of the District

Magistrate, Aurangabad. A copy of the same has been brought Patna High Court CWJC No.21657 of 2019 dt.25-03-2021

on record as Annexure '18'.

Learned counsel for the petitioner submits that

since the advertisement has been issued during the pendency of

the writ application, the prayer made by the petitioner to allow

him to amend the writ application is fit to be accepted.

In paragraph '3' of the said application it is stated

that the impugned order in this writ application has been passed

by Divisional Commissioner, Magadh Division, Gaya but

inadvertently the Divisional Commissioner, Magadh Division,

Gaya has not been made party respondent in the writ

application and as such petitioner may be permitted to add him

as party respondent in the writ application.

Prayer made in the interlocutory application are

formal in nature and in the opinion of this Court, the

interlocutory application may be allowed.

Let the amendment be incorporated in the writ

application. The Divisional Commissioner, Magadh Division,

Gaya be added at party respondent no. 10. Mr. Alok Ranjan,

learned AC to AAG-5 accepts notice on behalf of the Divisional

Commissioner, Magadh Division, Gaya (respondent no. 10).

With the consent of the parties, the writ application

has been heard for purpose of final consideration. Patna High Court CWJC No.21657 of 2019 dt.25-03-2021

Petitioner in the present case has challenged the

letter no. 726 dated 28.08.2019 issued by the Divisional

Commissioner, Magadh Division, Gaya as contained in

Annexure '1' to the writ application. Further, challenges have

been thrown to the directions as contained in Letter No. 4410

dated 18.09.2019 issued under the signature of the Secretary,

Food & Consumer Protection Department, Govt. of Bihar who

directed for initiation of fresh selection process for appointment

of P.D.S. dealers. Petitioner has also challenged the report dated

08.07.2019 submitted by the Inquiry Committee consisting of

Deputy Development Commissioner, Nawada, Deputy

Development Commissioner, Jehanabad, and Additional

Collector, Arwal which is enclosed as part of Annexure '1'.

Learned counsel for the petitioner submits that the

petitioner was selected for grant of license of Public

Distribution Shop (P.D.S.) vide memo no. 198 dated 08.03.2019

(Annexure 15 to the writ application). She has also deposited

the required amount through challan on 08.03.2019 copy of

which is enclosed as Annexure '16'.

Learned counsel submits that as it appears now one

Ravi Ranjan Kumar Pandey who was also a candidate

challenged the selection of the petitioner on the ground that she Patna High Court CWJC No.21657 of 2019 dt.25-03-2021

is an accused in a criminal case. This is evident from the tabular

chart of the committee constituted for the purpose of conducting

an enquiry in the matter of selection of P.D.S. dealers in the

district of Aurangabad. The name of the complainant appears at

serial number 5 and the remarks in front of him shows the

nature of complaint.

Learned counsel for the petitioner submits that

earlier some aggrieved candidates had complained that there has

been a large scale bugglings in the matter of selection of P.D.S.

dealers in the district of Aurangabad. While the complaints were

still pending with the Divisional Commissioner, some of the

aggrieved persons moved this Court in CWJC No. 7646 of

2019. During the pendency of the said writ application, the

Divisional Commissioner, Gaya issued Memo No. 354 dated

11.03.2019 by which a committee of three members were

constituted to look into the grievances of the several persons

against the selection process. When this Court was informed

about the issuance of Memo No. 354 dated 11.03.2019 by the

Divisional Commissioner, Gaya, this Court observed that

because enquiry committee has already been constituted, this

Court is not going into any discussion with regard to allegation

made in the writ application. A direction was, however, issued to Patna High Court CWJC No.21657 of 2019 dt.25-03-2021

the Divisional Commissioner, Gaya to complete the enquiry

within a period of two months and a decision thereon be taken

within an another period of one month. The order dated

04.06.2019 passed by this Court in CWJC No. 7646 of 2019 has

been placed on record as Annexure 'B' to the counter affidavit

filed on behalf of the respondent nos. 1 and 2.

Learned counsel for the petitioner submits that this

Court while disposing of the aforesaid writ application had

directed the Divisional Commissioner, Gaya to take a decision

in accordance with law and such direction essentially required

that in case for any reason the Divisional Commissioner was of

the view that the decision to grant license to the petitioner is to

be cancelled, she was required to be given an opportunity to be

heard. Learned counsel submits that the principle of natural

justice is in fact omnipresence and it prevails everywhere.

Learned counsel submits that this Court had also

directed the Divisional Commissioner, Gaya to pass an

appropriate order in accordance with law, therefore, the Court

had not dispensed with the requirement of fulfilling the

established procedure of law.

It is further submitted that the Divisional

Commissioner, Gaya passed the impugned order giving an Patna High Court CWJC No.21657 of 2019 dt.25-03-2021

impression as if this Court had directed him to pass such order.

The Court has been informed that the order was passed after a

transfer order of the Commissioner had already been issued and

on the very next day he had to depart. It is, therefore,

submission of learned counsel for the petitioner that the order

impugned has been passed in haste without complying with the

principles of natural justice.

Learned counsel for the petitioner has further

submitted that in fact at the time of enquiry by the three

members committee the complainant Ravi Ranjan Kumar

Pandey did not appear and nothing was produced to satisfy that

the petitioner had got any criminal case on her head. Learned

counsel has reiterated that in fact the petitioner has no criminal

case on her head, therefore, the complaint was only mischievous

in nature.

Mr. Alok Ranjan, learned AC to AAG-5 has

opposed the writ application. It is his submission that this Court

had noticed the kind of allegations made by several persons and

only after looking into the same, since the Court found that a

Committee has already been constituted to look into the

grievance of the writ petitioners, the writ application was

disposed of vide order dated 04.06.2019.

Patna High Court CWJC No.21657 of 2019 dt.25-03-2021

Learned counsel further submits that there was a

general consideration of all the grievances and when the three

members committee found that the decision to hold examination

with regard to the computer knowledge was not duly

communicated to all the candidates, it was thought just and

proper to recommend cancellation of the entire selection

process. It is submitted that the petitioner may still participate in

the next round of selection and on being successful she may be

awarded the license. Learned counsel submits that the license

was yet to be issued.

Learned counsel further submits that consideration

given by the committee may be found in paragraph '4' to '12' of

the report dated 08.07.2019.

Having regard to the facts and circumstances of the

case as also on perusal of the records, this Court finds that the

three members committee was constituted to look into the

general grievances of the various applicants who had not

succeeded in the selection process. The three members

committee was constituted to look into the grievances but in

course of enquiry, despite the information available on the

record that the petitioner had already been selected and was duly

communicated to deposit the required amount through challan Patna High Court CWJC No.21657 of 2019 dt.25-03-2021

and submit other requirement so as to enable the licensing

authority to issue license and the petitioner had complied with

those requirements a right had accrued to her, the committee did

not provide her an opportunity of hearing. The licensing

authority had already received a direction to issue the license. In

such circumstance, in the opinion of this Court, she was

required to be heard before cancelling her selection on any

ground whatsoever.

The general finding recorded by the three members

committee which has led to cancellation of selection of this

petitioner would not be relevant and is not attracted as against

the petitioner inasmuch as no complaint was filed in respect of

her vacancy on the ground that any candidate had suffered due

to lack of information as regards the computer test. The

allegation made against the petitioner was that she had got a

criminal case but the allegation was not substantiated in course

of enquiry. The complainant did not turn up and the petitioner

has been reiterating that she has no criminal case on her head.

In the opinion of this Court the non-observance of

the principles of natural justice in case of the petitioner has

definitely prejudiced her case inasmuch as the selection of the

petitioner has been cancelled without giving an opportunity of Patna High Court CWJC No.21657 of 2019 dt.25-03-2021

hearing to her.

This Court, therefore, finds it just and proper to set-

aside the impugned order as contained in Annexure '1' to the

present writ application insofar as it relates to the petitioner.

This Court directs the licensing authority to issue license to the

petitioner in terms of his Memo no. 198 dated 08.03.2019

(Annexure '15' to the writ application) within a period of 30

days from the date of receipt/production of a copy of this order.

It goes without saying that the licensing authority

may, if so advised, consider the complaint against the petitioner

afresh, giving an opportunity of hearing to her and take a

decision in accordance with law.

This application stands disposed of in terms

indicated hereinabove.

(Rajeev Ranjan Prasad, J) vats/-

AFR/NAFR
CAV DATE
Uploading Date          26.03.2021
Transmission Date