Basudeo Rai vs The State Of Bihar And Ors
2023 Latest Caselaw 332 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.21801 of 2013
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Basudeo Rai S/O Late Sitaram Rai Resident Of Village - Bishwanathpur, P.S. Dumra, District - Sitamarhi, Bihar

... ... Petitioner/s Versus

1. The State Of Bihar through the Secretary cum Commissioner, Education Department, Government of Bihar, New Secretariat, Patna.

2. The Regional Deputy Director Of Education, Muzaffarpur, Bihar

3. The Secretary, Home (Special) Department, New Secretariat, Patna

4. The District Magistrate, Sitamarhi, District - Sitamarhi

5. The District Education Officer, Sitamarhi, District - Sitamarhi

6. The District Superintendent Of Education, Sitamarhi, District - Sitamarhi

7. The District Superintendent Of Education, Sitamarhi, District - Sitamarhi

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

For the Petitioner/s : Mr.Avanish Kumar Singh For the Respondent/s : Mr.Kaushal Kr Jha Aag-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 23-01-2023

The writ application has been filed for following

reliefs:-

"(a) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 03.08.2006 (Annexue-7) passed by the Regional Deputy Director of Education (hereinafter referred as Respondent-2), whereby and whereunder the said authority has been pleased to dismiss the petitioner from his service in a most arbitrary and fanciful manner, on the ground that the selection of the Patna High Court CWJC No.21801 of 2013 dt.23-01-2023

petitioner was not in accordance with the law and thus passed a non speaking order.

(b) For issuance of an appropriate writ directing the respondents to regularize the services of the petitioner on the sanctioned post of Office orderly in the office of Respondent No-6, in the light of the order dated 13.07.2004 passed by this Hon'ble Court in C.W.J.C. No. 848 of 2001 (Annexure-4)."

2. Specific case of the petitioner is that without issuance

of any show cause notice or affording opportunity of hearing,

petitioner has been dismissed from the service by the respondents

authorities. It is submitted on behalf of petitioner that the

impugned order is non-speaking and does not reflect application of

mind. Impugned order is against the statutory rules and in

violation of principle of natural justice.

3. Per contra, learned counsel for the State submits that

after affording ample opportunity of hearing to the petitioner, vide

letter no. 408 dated 12.07.2006 and letter no. 428 dated

19.07.2006, the impugned order has been passed by the

respondents authorities.

4. Learned State counsel further submits that no material

has been produced by the petitioner to suggest that his

appointment on the post of Peon was in accordance with law and Patna High Court CWJC No.21801 of 2013 dt.23-01-2023

hence, in the said attaining circumstances, the appointment of the

petitioner has been cancelled, vide impugned order dated

03.08.2006. Therefore, the writ application is devoid of any merit

and petitioner is not entitled for any relief.

5. From bare perusal of the impugned order dated

03.08.2006, it is evident that the impugned order has been passed

without considering the show cause reply filed by the petitioner. It

does not reflect or contain any discussion about the pleas or

grounds, which have been taken by the petitioner in his defence. In

terms of Rule 18(3) and (4), the disciplinary authorities are

mandatorily required to deal with the defence of the petitioner.

Non-compliance of the same has resulted in violation of principle

of natural justice.

6. For the above discussion and reasons, indicated

above, the impugned order dated 03.08.2006 (Annexure - 7 to the

writ application) is, hereby, set-aside and quashed.

7. Since the impugned order of cancellation of

appointment of the petitioner, being non-speaking order, is being

quashed by this Court on the ground of violation of principle of

natural justice, the respondents authorities are at liberty to pass a

fresh order in accordance with law after giving proper opportunity Patna High Court CWJC No.21801 of 2013 dt.23-01-2023

of hearing to the petitioner within a period of three months from

the date of receipt / production of copy of this order.

7. With above observation, the writ application stands

allowed.

                                                         (Prabhat Kumar Singh, J)

Anay
AFR/NAFR              NAFR
CAV DATE              N/A
Uploading Date        25.01.2023
Transmission Date     N/A