Patna High CourtCWJC/3896/2017disposed

Dinesh Kumar v. The State Of Bihar And ORS

2018-03-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3896 of 2017 ====================================================== Dinesh Kumar Son of Ram Swaroop Chaurasia Resident of Village- Karnpur Bochahan, P.O. and P.S. Bochahan, District- Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna. null null

3. The Director, Primary Education, Government of Bihar, New Secretariat, Patna.

4. The Divisional Commissioner, Tirhut Division, Muzaffarpur.

5. The District Magistrate, Muzaffarpur, District- Muzaffarpur.

6. The District Education Officer, Muzaffarpur, District- Muzaffarpur.

7. The District Program Officer(Establishment), Muzaffarpur, DistrictMuzaffarpur.

8. The Block Education Officer, Bandra, District- Muzaffarpur.

9. The Member Secretary, Panchayat Employment Committee, Gram Panchayat Raj, Bandra, Block- Bandra, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. SBK Mangalam, Advocate For the Respondent/s :

Mr. Mukund Mohan Jha, AC to GP27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 28-03-2018 Herd learned counsel for the petitioner and the State. Mr. SBK Mangalam, learned counsel for the petitioner submits that in similar circumstances a Division Bench of this Court in LPA No. 501 of 2017 has considered the issue and allowed the appeal on the ground that the order adverse to the interest of the petitioner was passed without granting him opportunity of defence or without following the principles of natural justice.

Patna High Court CWJC No.3896 of 2017 dt.28-03-2018 2/2 In view of the decision dated 14.11.2017 of the Division Bench in LPA No. 501/2017, this writ petition is disposed of in similar terms. The order impugned 30.11.2016, Annexure-6 is quashed with liberty to the respondents to make enquiry after giving opportunity to the petitioner before passing any order adverse to the interest of the petitioner.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.03.2018 Transmission Date