Administrative decisions must adhere to principles of natural justice, allowing parties the right to be heard before adverse action is taken.

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 considered by the Deputy Commissioner, Koderma.

4. Mr. Piyush Chitresh, A.C. to A.G. appearing for the respondent- State does not dispute the fact that the reply filed on 09.12.2019 by the petitioner to the show cause notice dt. 14.11.2019 issued by the respondents was not adverted to or considered by the Deputy Commissioner, Koderma. In fact, there is also no dispute that the order passed by the Deputy Commissioner, Koderma on 02.09.2020 was never even communicated to the petitioner.

5. From the above facts and circumstances, it is clear that there has been a blatant violation of the principles of natural justice by the respondents in terminating the mining lease of the petitioner.

6. Therefore, the order dt. 02.09.2020 of the Deputy Commissioner, Koderma, the memo dt. 11.09.2020 of the District Mining Officer, Koderma and the order dt. 07.03.2022 of the Mines Commissioner, Ranchi are all set aside and the Deputy Commissioner, Koderma is directed to give a personal hearing to the petitioner; the petitioner is permitted to file any additional documents if he deems fit and appropriate within two weeks from today before the said official along with any additional reply; the same shall be considered by the Deputy Commissioner, Koderma and then the said official shall pass a reasoned order in accordance with law and communicate it to the petitioner. This exercise shall be completed before 31^st May, 2025.

7. Accordingly, this writ petition stands disposed of.