IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI and ALOK KUMAR PANDEY, JJ.
LPA No.828 of 2019 in CWJC No.12752 of 2014
(3.7.2024)
Shubhadra Kumari @ Subhadra Devi ... Appellant
vs.
State of Bihar & Ors. ... Respondents
Service Law – Termination – Appellant terminated from the post of Anganwari Sevika – No notice was served upon the appellant and she was also not given any opportunity to put forth her case before the competent authority – Appellant suffered the termination from the post of Anganwari Sevika abruptly on the ground of accusation in criminal case – Action of the respondent authority is arbitrary as proper procedure has not been adopted – When the concerned authority passed the order without providing the opportunity to the aggrieved person, on that score order passed by the concerned authority is against the spirit of law violating the principles of natural justice – order passed by the respondent authority is bereft of any merit – Impugned judgment set aside – LPA allowed – However, a Third Party interest having been created after termination, appellant directed to be paid a compensation of Rs. 5,00,000/- within three months. (Paras 9 to 11)
D.K. Yadav Vs. J.M.A. Industries Ltd., (1993) 3 SCC 259; State Bank of India Vs. Rajesh Agarwal, 2023 SCC OnLine SC 342 – Relied.
Alok Kumar Pandey, J.—The present LPA has been filed against the order dated 17.06.2019 passed in CWJC No. 12752 of 2014 whereby the learned Single Judge has dismissed the writ petition filed by the appellant.
2. In civil writ jurisdiction, the appellant has prayed for the following relief(s):—
1. For quashing the order dated 26.02.2014 passed by the District Programme Officer, Nalanda (hereinafter referred as DPO) communicated under Memo No. 482 dated 26.02.2014 whereby the petitioner has been terminated from the post of Aganbari Sevika and further direction was given to the Child Development Project Officer, Tharthari (hereinafter referred as CDPO) to make selection process regarding the selection of Aganbari Sevika according to law. (Annexure-16/1)
II. For quashing the order dated 03.05.2014 passed by the Deputy Director (Welfare), Patna Division, Patna in Appeal No. 42 of 2014 whereby the order dated 26.02.2014 passed by the DPO Nalanda has been affirmed. (Annexure-17)
III. To stay the operation of order dated 26.02.2014 passed by the DPO Nalanda as well as order dated 03.05.2014 passed by the Deputy Director, (Welfare) Patna Division, Patna in Appeal No. 42 of 2014.
IV. To pass any such order or orders as your Lordships may deem fit and proper under the facts and circumstance of the case.
3. Briefly stated the facts of the present case are that the appellant was selected as Anganbari Sevika at Anganbari Center No. 62 at Atwal Bigha under Gram Panchayat Raj Asta Block, Chandi (present block Tharthari) of District Nalanda vide memo no. 152 dated 05.04.2003 issued by the C.D.P.O., Chandi. It is claimed that the appellant is said to have implicated in a criminal case i.e. Tharthari P.S. Case No. 60 of 2013 for the offences alleged under Sections 147, 148, 149, 302, 307 of the IPC and Section 27 of the Arms Act. It is further claimed that on account of said criminal proceedings, respondent no. 5 on 26.02.2014 cancelled the appellant's selection as Anganbari Sevika for Center No. 62 at Atwal Bigha in the district of Nalanda as she was continuously absent from the place of posting and the said termination order was affirmed by respondent no. 3 on 03.05.2014. The appellant challenged the aforesaid orders before the learned Single Judge but the same was dismissed. Hence, the present LPA.
4. Learned counsel for the appellant has submitted that after selection appellant got training from different institutions running under Welfare Department in the year 2004, 2006 and 2010. Learned counsel further submitted that appellant has been discharging her duty with full satisfaction of the superior authority since the year 2003 and there was not a single complaint against the appellant regarding absence of her duty. It has further submitted that prior to lodging the said criminal case, appellant was suffering from illness due to which she was admitted in Rajeshwar Hospital, Patna for treatment on 07.10.2013 and she was advised to take complete bed rest for one month. It has been further submitted that appellant acquitted from criminal case on 28.04.2018 vide Sessions Trial No. 348 of 2015 by the learned Trial Court. Learned counsel further submitted that appellant has got the privilege of anticipatory bail after institution of the said case and copy of the same has been submitted to this court. Learned counsel further submitted that respondent no. 4 to 6 filed counter affidavit in response to the appellant's writ petition in which it has been submitted that the appellant has been terminated from service as she has involved in the criminal case and she is found absent from the place of posting. Learned counsel further submitted that no show cause was ever served upon the appellant and order passed by the respondents to terminate the service of appellant abruptly which is without any basis. Learned counsel further submitted that the appellant has been terminated from service without following proper procedure. In this way, natural justice has not be
The main legal point established in the judgment is that the cancellation of appointment based on adverse antecedents must adhere to the principles of natural justice and relevant legal provisions, a....
Violation of principles of natural justice and the need for the new incumbent to make way for the reinstated employee.
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