Dr.Rizwan Siddiqui v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9269 of 2011 ====================================================== Dr. Rizwan Siddiqui S/O Late Md. Siddiqui R/O Village- Malmal, P.S. + P.O.- Malmal, District- Madhubani, A Superannuated Employee Retired As Reader In The Department Of Urdu, R.N. College, Pandaul, Madhubani.. Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary Higher Education, Government Of Bihar, Patna

3. The Vice-Chanellor Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

4. The Registrar Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

5. The Finance Officer Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

6. The Principal, R.N. College Pandaul, Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr. Ram Balak Mahto Ag For LNMU :

Mr. Chandra Mohan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-06-2018 Learned counsel for the petitioner submits that the case of the petitioner is covered by the decision of a Coordinate Bench in C.W.J.C. No. 11904 of 2011 dated 9.5.2016. The Coordinate Bench on consideration of the materials available on record including the counter affidavit held out as follows:- "In view of the facts and circumstances, since the order impugned was passed in violation of principles of natural justice, the Court is of the opinion that the order impugned is required to be interfered with. Accordingly, the order contained in Annexure-11 i.e. the letter contained in Memo No. 10223-831 dated 28.07.2010 to the extent of Serial no.450, which relates to the petitioner, is hereby set aside.

Since the order impugned has been

Patna High Court CWJC No.9269 of 2011(7) dt.27-06-2018 2/2 set aside, the petitioner shall be entitled to get all consequential benefits from the date of issuance of impugned order. All the formalities must be completed within three months from the date of receipt/production of a copy of this order.

Since the order impugned has been quashed due to the reason of violation of principles of natural justice, it goes without saying that University would be at liberty to pass an order afresh provided opportunity of hearing is given to the petitioner."

In view of the above, the writ petition is disposed of with direction to the respondents to follow the principles of natural justice before passing any order adverse to the interest of the petitioner.

The impugned order contained in Annexure-10 shall not be given effect to and it would be not as a bar in considering the case afresh in the light of the order passed in the present application.

Final decision in this regard may be taken by the respondents within a maximum period of sixty days from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) Ravi/- U