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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J., M.S. Ramachandra Rao, CJ.
Sanjay Kumar Rai Son Of Late Tarni Rai – Appellant
Versus
The State Of Jharkhand, Through The Secretary – Respondent
JUDGMENT :
M.S. Ramachandra Rao, C.J.
1. Heard the counsel for the parties.
2. In this writ petition, petitioner has assailed order dt. 07.03.2022 passed by the Mines Commissioner, Ranchi in Revision Case No. 60 of 2020 confirming the order passed on 02.09.2020 by the Deputy Commissioner, Koderma communicated to the petitioner through a memo dt.11.09.2020 issued by the District Mining Officer, Koderma.
3. It is the contention of the counsel for the petitioner that a show cause notice was issued to the petitioner on 14.11.2019 to which the petitioner had filed a reply on 09.12.2019 but the same was not considered by the District Mining Officer, Koderma or by the Deputy Commissioner, Koderma and in fact, the Deputy Commissioner, Koderma had not even heard the petitioner before passing the order on 02.09.2020 terminating the petitioner’s mining lease. It is also contended that in the order passed by the Mines Commissioner, Ranchi, the said Officer had wrongly held that there was no irregularity in the order passed by the Deputy Commissioner, Koderma in spite of the fact that it was pointed out to the said official that the reply filed on 09.12.2019 by the petitioner was not adverted to or
Administrative decisions must adhere to principles of natural justice, allowing parties the right to be heard before adverse action is taken.
The Deputy Commissioner exceeded jurisdiction by terminating a mining lease without proper delegation and violating natural justice principles.
The failure to consider a party's explanation before adverse action constitutes a violation of natural justice, rendering the decision arbitrary.
Issuing a notice that effectively determines liability without due process violates the principles of natural justice, making the notice invalid.
An authority cannot adjudicate a matter it has previously decided, emphasizing the importance of jurisdiction in administrative law.
The main legal point established in the judgment is the importance of observing the principles of natural justice in administrative decisions, and the requirement for authorities to consider relevant....
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