Nanda Dulal Pal and Others vs State of Bihar and Others

Ajay Kumar Tripathi, J.�The crux of the matter is that the petitioners have been visited with civil consequences in the sense that they have been terminated on the direction of the District Programme Officer (Establishment), West Champaran, Bettiah by the Panchayat Secretary of the Gram Panchayat. The Court does not find any evidence or pleading that there was any kind of show cause or notice to the petitioners as to why they be not removed from their post. A mechanical kind of decision, passed on superior authority''s direction when he is not the appointing authority, obviously suffers from the vice of breach of principles of natural justice. If that be so, then any decision taken to remove the petitioners from their post, per se, is illegal and is required to be set aside and is set aside.

Petitioners will join their post and thereafter the authorities have freedom to act in accordance with law. If such a decision is taken after due opportunity to the petitioners, petitioners would be entitled to their remuneration as if the decision so taken, detrimental to their interest, never came to be passed at all.

Writ application is allowed. The issue of resignation of the petitioner No. 2 will not be an issue since there is nothing on record to show that before the withdrawal of the resignation by the petitioner No. 2 on 20th March, 2014, any decision was taken or the resignation letter was acted upon by the concerned respondent.