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Patna High CourtCWJC/7056/2020disposed

Ragini Kumari Alias Raginee Kumari v. The State Of Bihar

2021-01-13Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7056 of 2020 ====================================================== Ragini Kumari alias Raginee Kumari Wife of Bimlesh Kumar Bimal Resident of Village- Bel Road Obra, P.S. and P.O. Obra, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Rural Development Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Aurangabad.

3.

The Deputy Development Commissioner, Aurangabad. 4.

The Sub Divisional Officer, Daudnagar.

5.

The Block Development Officer, Daudnagar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-01-2021 Heard learned counsel for the petitioner and the State.

The petitioner is aggrieved by the order of termination dated 20.03.2020 as contained in Memo No. 65 dated 21.03.2020 passed by the Deputy Development Commissioner, Aurangabad, Annexure-6 to the writ petition. From the order as contained in Annexure-6 it appears that there are serious allegations against the petitioner but allegation itself is no ground to terminate the petitioner without following the principles of natural justice and fair play. The order was passed without opportunity of hearing to the

Patna High Court CWJC No.7056 of 2020(5) dt.13-01-2021 2/2 petitioner. It is now well settled that no order visiting evil or civil consequences can be passed without compliance of natural justice. Indisputably the order as contained in Annexure-6 was passed without opportunity of hearing and only on the basis of allegation, the order of termination has been passed against this petitioner. Such order is lawless and cannot sustain. It is accordingly, quashed.

As a consequence of quashing of the order of termination, as contained in Annexure-6, the petitioner is directed to be reinstated with all consequential benefits. With the aforesaid, the writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) spandey/- U