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PATNA HIGH COURT
Vijay Kumar – Appellant
Versus
The State – Respondent
L.P.A/923/2019
NATURAL JUSTICE - APPOINTMENT - CANCELLATION - SHOW CAUSE NOTICE
Fact of the Case:
The appellants were selected and appointed to the post of Hindi Stenographer. However, their appointments were later cancelled on the ground that their qualification, Sahitya Alankar awarded by Hindi Vidyapeetha, Deoghar, was not recognized for the post. The appellants challenged the cancellation of their appointments, arguing that they were not given a show cause notice before the cancellation and that their qualification was equivalent to graduation.
Finding of the Court:
The court held that the appellants were entitled to a show cause notice before the cancellation of their appointments and that the respondents had committed an error in not providing them with one. The court also held that the appellants had made out a prima facie case that their qualification was equivalent to graduation and that the matter should be remanded to the respondents for further consideration.
Issues: Whether the appellants were entitled to a show cause notice before the cancellation of their appointments.
Ratio Decidendi: The court relied on the principle of natural justice, which requires that a person be given an opportunity to be heard before an adverse decision is made against them. The court also relied on the decision of the Supreme Court in Esteem Properties Pvt. Ltd vs. Chetan Kamble, which held that the importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi-judicial proceedings.
Final Decision: The court set aside the cancellation of the appellants' appointments and remanded the matter to the respondents for further consideration. The respondents were directed to issue a show cause notice to the appellants and to consider their explanation and any documents they produced to establish that their qualification was equivalent to graduation.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.940 of 2019
In
Civil Writ Jurisdiction Case No.17072 of 2015
======================================================
1.
Manoj Kumar S/o anand Lal Resident of Mohalla New Damariya, West of
Kabristan, P.o- Anisabad, P.s.- Gardanibagh, Distt.- Patna
2.
Ram Murat Singh S/o Shri Prama Singh Vill. and P.o.- Ashok Nagar, P.s.-
Jalalur, Distt.- Chapra at Saran
3.
Md. Shahanshah Azam S/o Md. Azim Uddin Vill.- Bichali Aran, P.o.-
Sohsarai, P.s.- Sohsarai Town Bihar Sharif, Distt.- Nalanda
... ... Appellant/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2.
The Principal Secretary General Administration Department, Govt. of Bihar,
Patna
3.
The Registrar General High Court of Judicature at Patna
4.
The Registrar (Administration) High Court of Judicature at Patna
5.
The Chairman Convener Coordination Committee-cum-District and
Sessions Judge, Patna
6.
The District and Sessions Judge Rohtas at Sasaram
7.
The District and Sessions Judge Saran at Chapra
8.
The In-Charge Administration, Rohtas, Sasaram
9.
The In-Charge Administration, Saran at Chapra
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 923 of 2019
In
Civil Writ Jurisdiction Case No.17588 of 2015
======================================================
1.
Vijay Kumar Son of Shri Baikunth singh Resident of Village-Shahri, Police
Station - Ben, District Nalanda, Biharsharif
2.
Bipin Bihari Singh Son of Yogendra Prasad Singh R/o Village-Maulana
Bigha, Post office Onda, Police Station Sare, District Nalanda, Biharsharif
... ... Appellant/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2.
The Principal Secretary General Administration Department, Government of
Bihar, Patna
3.
The Registrar General High Court of Judicature at Patna
4.
The Registrar (Administration) High Court of Judicature at Patna
5.
The Chairman Convenor Coordination Committee-cum-District and
Sessions Judge, Patna
Patna High Court L.P.A No.940 of 2019 dt.02-01-2023
2/5
6.
The District and Sessions Judge Biharsharif, Nalanda
7.
The In-Charge Administration, Biharsharif, Nalanda
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 940 of 2019)
For the Appellant/s
:
Mr.Arvind Kumar Sharma
For the Respondent/s
:
Mr.Prabhat Kumar Verma (Aag3)
(In Letters Patent Appeal No. 923 of 2019)
For the Appellant/s
:
Mr.Arvind Kumar Sharma
For the Respondent/s
:
Mr.Prabhat Kumar Verma (Aag3)
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 02-01-2023
In these two LPAs the appellants Manoj Kumar and
Vijay Kumar have assailed the order of the learned Single Judge
passed in CWJC No. 17072 of 2015 and CWJC No. 17588 of 2015
dated 18.07.2019.
Pursuant to the advertisement for the post of Hindi
Stenographer the appellants were candidates and they were
selected and appointed. Appellant-Vijay Kumar was permitted to
join service on 14.08.2015 and his services were terminated on
17.09.2015. However, Manoj Kumar was not permitted to join
service in other words before joining service pursuant to the order
of appointment to the post of Hindi Stenographer order of
selection and appointment were cancelled.
Feeling aggrieved by the decisions of the respondents
both the appellants preferred CWJC No. 17072 of 2015. Learned
Patna High Court L.P.A No.940 of 2019 dt.02-01-2023
3/5
Single Judge upheld the decision of the respondent insofar as
cancellation of selection and appointment to the post of Hindi
Stenographer. Sole reason for cancellation of their selection and
appointment is that they had certificate of Sahitya Alankar
awarded by Hind
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