Patna High Court
Krishna Kant Prasad Singh vs The State Of Bihar on 31 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10508 of 2020
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Krishna Kant Prasad Singh, Son of Late Janardan Prasad Singh, Resident of
Village/Mohalla Khajpura, P.S. Rajeev Nagar, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
3. The Joint Secretary, Department of Finance, Govt. of Bihar, Patna.
4. The Principal Secretary, Department of Arts, Culture and Youth, Bihar,
Patna.
5. The Joint Secretary, Department of Arts, Culture and Youth, Bihar, Patna.
6. The Deputy Secretary, Department of Arts, Culture and Youth, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sarbottam Kumar Sarkar
For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 31-03-2022
Pursuant to the order dated 29.03.2022, Joint
Secretary, Mr. Tariq Iqbal, who is Incharge of Deputy Secretary
is present in Court.
It is submitted that author of Annexure-4
(impugned order) has been shifted to Sitamarhi as Settlement
Officer. It is to be noted that author of the document is State
Administrative Service officer. He has rendered number of years
of service in various capacity. He does not know basic issue
whether to issue notice to such person whose right is likely to be
affected, if he passes any order against any person. In
other words, basic principles are not learnt by the State
Patna High Court CWJC No.10508 of 2020 dt.31-03-2022
Administrative Officers, like the then Deputy Secretary-6th
Respondent.
On 29.03.2022, following order was passed:-
"6th Respondent- Deputy
Secretary, Department of Arts, Culture and
Youth, Bihar, Patna is hereby directed to
appear in person for the reasons that before
impugned action petitioner has not been
notified. In other words, notice has not been
issued before altering his monetary benefits
arising out of fixation of pension. Constitution
of India was came into existence in the year
1950 and we are in the year 2022. Courts have
time and again held that if any person's right is
affected, it has civil consequences. In such
circumstances, notice is warranted. In other
words, principle of natural justice is required to
be complied. If the Deputy Secretary has failed
to comply the aforesaid issue and keep on
passing various orders in this fashion would
result in financial loss to the State Exchequer.
The financial loss is required to be adjusted
through tax payer's money. Therefore, he shall
be present in Court on the next date of hearing
with all records.
Re-list this matter on 31.03.2022.
Copy of this order shall be given
to the State counsel."
Today Joint Secretary, Incharge Deputy Secretary
on instruction submitted that there is non compliance of
principle of natural justice before passing impugned order dated
30.06.2020 (as contained in Annexure-4).
In the light of aforesaid submission, Annexure-4
dated 30.06.2020 stands set aside. If any recovery is effected
Patna High Court CWJC No.10508 of 2020 dt.31-03-2022
from the petitioner, the same shall be refunded to the petitioner
forthwith. Thereafter, if the State department still feels that
certain action is warranted against the petitioner in so far as
extending monetary benefits in that event a detailed notice shall
be issued to the petitioner asking his explanation. On receipt of
petitioner's explanation, proceed to pass speaking order after
due consideration of each of the contention to be raised by the
petitioner in his explanation. Above exercise shall be completed
within a period of four months from the date of receipt of this
order. Competent authority may take note of Apex Court's
decision viz., Vipulbhai Mansingbhai Chaudhary Vs. State of
Gujarat reported in (2017) 13 SCC 51.
Respondent-department is liable to pay litigation
cost and it is quantified @ Rs. 10,000/-. The cost shall be
remitted in the Patna High Court Legal Services Committee
within a period of four weeks.
Accordingly, the present petition stands allowed.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 05.04.2022
Transmission Date
