High CourtsSingle Bench(2019) 09 PAT CK 0149

Md. Hedaytullah And Ors vs State Of Bihar Through And Ors

Patna High Court · Decided on 23 September 2019

HON’BLE JUDGES
Anil Kumar Upadhyay, J
RESULT
Disposed Of/Allowed
CASE NUMBER
Civil Writ Jurisdiction Case No. 19373, 19391, 19412, 19415 Of 2019

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 273 words
1.

Heard learned counsel for the petitioner and the State.

2.

The grievance of the petitioners in the present writ petitions is termination of their services without compliance of the principles of natural justice.

3.

The issue with regard to termination from service without compliance of the principles of natural justice is no more res integra. In LPA No. 501 of 2017 a Division Bench has occasion to decide the issue vide judgment reported in 2018(2) PLJR 265.

4.

Since I was party in the Division Bench, it is obligatory on my part to decide the present writ petition in the light of the judgment of the Division Bench in LPA No. 501/2017.

5.

Considering the aforesaid judgment of the Division Bench, to which I was party, all the four writ petitions are allowed. The orders of termination dated 19.8.2019, Annexure-4 to CWJC No. 19373 of 2019, 19.8.2019, Annexure-3 to CWJC No. 19391 of 2019, 15.5.2019, Annexure-5 to CWJC No. 19412 of 2019 and 9.8.2019, Annexure-7 to CWJC No. 19415 of 2019 are quashed.

6.

The matter is remanded back to the respondents to strictly comply with the principles of natural justice and after opportunity of hearing to the petitioner take appropriate decision afresh within a period of two months from the date of receipt/production of a copy of this order.

7.

As a consequence of quashing of the termination orders, the petitioners shall be reinstated but the benefits of payment of salary shall abide by the fresh enquiry and final decision taken in the matter by the respondents.

8.

With the aforesaid, all the four writ petitions stands allowed and disposed of.