Ramdeo Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13743 of 2014 ====================================================== Ramdeo Prasad Singh son of Shree Baleshwar Prasad Singh, Assistant Teacher, Project Girls High School, Guthani, P.O.- Guthani, P.S.- Guthani, District- Siwan ... ... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna.

2. The Principal Secretary, Education Department, New Secretariat, Vikas Bhawan, Patna.

3. The Director (Secondary Education), Education Department, New Secretariat, Vikas Bhawan, Patna.

4. The Regional Deputy Director of Education, Saran Division, Saran at Chapra.

5. The District Education Officer, Siwan.

6. Smt. Usha Kumari Gahlot, wife of name not known, the then Acting Headmistress, Project Girls High School, Guthani, Police Station- Guthani, District- Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, advocate Mr.Akhilesh Kumar Sinha, advocate Mr. Shayama Kant Singh, advocate For the Respondent/s :

Mr. Sc8-Kumar Alok ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-07-2018

1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The grievance of the petitioner in the instant case is that the order of termination was passed by the Director Secondary Education on 05.09.2012 but before taking such action at no point of time, the petitioner was provided any opportunity of hearing.

3. On behalf of the State no document was enclosed to

Patna High Court CWJC No.13743 of 2014(2) dt.27-07-2018 2/2 substantiate that the petitioner was ever heard before taking action adverse to the interest of the petitioner. The law in this regard is well settled that no order visiting of evil and civil consequences can be passed without providing opportunity of hearing. Reference in this connection may be made to the judgment of Apex Court in H.L Trehan's Case AIR 1989 SC 568.

4. In view of the law laid down by the Apex Court in H.L. Trehan (Supra) the order contained in Annexure-1 is hereby quashed.

5. However, quashing of Annexure-1 will not preclude the respondents from taking fresh decision after complying with the principle of natural justice.

6. With the aforesaid the Writ Petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) banti/-T.Kr.

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