Chandan Kishore vs The State Of Bihar
2023 Latest Caselaw 3683 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.3260 of 2023
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1. Chandan Kishore, Son of Rajendra ram, Resident of Purani Jakkanpur, House No. JKS/C-10 Manjusa gali Police Station Jakkanpur, District-Patna.

2. Niraj Kumar, Son of Rajeshwar Vishwakarma, Resident of Purvi Unta, Jehanabad, Police Station and District-Jehanabad.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar Patna.

2. The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3. The Director, Directorate of Land Records and Survey, Government of Bihar Patna.

4. The Assistant Director, Directorate of Land Records and Survey, Government of Bihar Patna.

5. The Assistant Settlement Officer, Saharsa.

6. The Assistant Settlement Officer, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ravindra Nath Dubey, Advocate For the Respondent/s : Mr. Navnit Kumar, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 10-08-2023

1. The petitioners' appointment on newly created

contractual post of a Special Survey Amin in terms of

advertisement No. 01/2019 has been cancelled. The petitioners

have assailed cancellation of their appointment under order

dated 15-12-2021 issued by the Director, Directorate of Land

Records and Survey.

2. The cancellation of their contractual appointment is

on the ground that they have submitted diploma in civil Patna High Court CWJC No.3260 of 2023 dt.10-08-2023

engineering from one Mewar University, Gangrar at Chittorgarh

in Rajasthan (for short "University"). The department issued

letters to the University on 10-08-2021 and 19-08-2021 for

verifying the certificate submitted by petitioner nos. 1 and 2

respectively. In response thereto, the University has sent two

letters dated 4-9-2021 and 9-9-2021 informing the department

that the certificate is not confirmed from the records. Relying

upon such communication, the respondents have cancelled the

petitioners' contractual appointment.

3. The learned counsel for the petitioners submits that

based on such an exercise behind the back of the petitioners

without even making available copy of the communication

received from the University, the petitioners' appointment has

been cancelled and direction has been made for recovery of

amounts paid to them while they discharged the contractual

duties as a Special Survey Amin. The orders having penal

consequences not being preceded by compliance with the

principles of natural justice, are unsustainable. It is submitted

that upon the very same exercise, the department has also taken

a decision to lodge a police case against the petitioners which is

evident from the impugned order itself.

4. The learned State counsel, on the other hand, Patna High Court CWJC No.3260 of 2023 dt.10-08-2023

submits that after due verification by the authorities from the

University from which the petitioners claim to have obtained the

Diploma in civil engineering, the action has been taken. The

petitioners' appointment is contractual and therefore the same

having been obtained on the basis of forged and fabricated

certificate is void ab initio.

5. On consideration of the rival submissions, this

Court would find that in so far as the consequence of recovery is

concerned, such penal consequences cannot be inflicted on the

petitioners based on replies dated 4-9-2021 and 9-9-2021 sent

by the University, wherein they have stated that the petitioners'

certificates are not confirmed from the records in the University,

simply for the reason that copy of these letters have not been

made available to the petitioners and no opportunity has been

given to the petitioners to even submit a show-cause in respect

of the said communications issued by the University.

Nonetheless the moment the petitioners are to be visited with

penal consequences, at least the authorities are required to

comply with the principles of natural justice by issuing a show-

cause with reference to the letters received from the University

denying the petitioners' diploma.

6. The impugned order dated 15-12-2021, insofar as Patna High Court CWJC No.3260 of 2023 dt.10-08-2023

the consequence of recovery of amounts paid to the petitioners

during their contractual services is concerned, is unsustainable

and hereby quashed. No recovery is to be made on the basis of

the said order from the petitioners.

7. The authorities, however, are not precluded from

proceeding by way of show-cause after furnishing a copy of the

letters received from the University.

8. Writ petition is allowed to the above extent.

(Madhuresh Prasad, J) SUMIT/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          17.08.2023
Transmission Date       NA