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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Shivshankar Kaushik Infrastructure Pvt. Limited – Appellant
Versus
State of Bihar through the Principal Secretary, Mines and Geology Department – Respondent
JUDGMENT :
SANDEEP KUMAR, J.
By way of this writ petition, the petitioner has prayed for the following reliefs:-
i. To issue an appropriate writ, order or direction in the nature of certiorarı for quashing the notice contained letter no. 360 dated 03.03.2023 issued by the Respondent Managing Director, Bihar State Mining Corporation Limited whereby and whereunder a penalty of Rs.96,97,705/- has been levied upon the petitioner for allegedly excavating 90060 cubic feet sand from beyond the permissible environment clearance area;
ii. Consequent to grant of relief no (i) above, this Hon'ble Court may issue further appropriate writ, order or direction in the nature of mandamus commanding the Respondents to refund the penalty amount of Rs.96,97,705/- deposited by the petitioner on 03.03.2023.
iii. This Hon'ble Court may further adjudicate and hold that Respondent Managing Director is not the competent authority to levy penalty upon a settlee under Rule 30(1) of the 2019 Rules.
iv. This Hon'ble Court may further adjudicate and hold that penalty cannot be levied upon a valid settee under Rule 56(2) of the 2019 Rules.
v. This Hon'ble Court may further adjudicate and hold that letter no. 360 dated 0
The Court emphasized the importance of observing the principles of natural justice in administrative decision-making processes, and ruled that penalty cannot be imposed solely on the basis of an audi....
Natural justice is context-dependent; its violation must demonstrate actual prejudice to affect the legality of administrative actions like environmental compensation assessment.
The forfeiture of earnest money for failure to increase the bid price by a sole bidder was invalid due to a vague show cause notice and denial of personal hearing, violating principles of natural jus....
The imposition of a penalty without adhering to principles of natural justice is unlawful.
Natural justice requires that no penalty be imposed without giving the affected party a fair opportunity to be heard.
Natural justice is flexible, requiring context-specific application, with emphasis on actual prejudice caused to uphold procedural fairness in administrative decisions.
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