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PRABHAT KUMAR SINGH
Basudeo Rai S/o Late Sitaram Rai – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
PRABHAT KUMAR SINGH, J.
1. The writ application has been filed for following reliefs:
(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. Imp
Non-compliance with the principle of natural justice, specifically the failure to consider the petitioner's defence and show cause reply, resulted in the court setting aside and quashing the impugned....
The judgment establishes the principle that service termination without affording a reasonable opportunity to defend and without following the provisions of Article 311(2) of the Constitution of Indi....
Compliance with the principles of natural justice may not be required in cases where the appointment is void ab initio due to non-compliance with due recruitment process.
An appointment made in violation of prescribed rules is void ab initio; no notice or hearing is required for cancellation as per legal principles governing natural justice.
Disciplinary proceedings must adhere to principles of natural justice, especially when dismissal is involved, requiring adequate time for the employee to respond.
Termination of temporary employees requires adherence to natural justice principles, including the right to a hearing before punitive actions are taken.
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