Allowed

Anita Devi v. the State of Jharkhand through Its Chief Secretary

Jharkhand HC18 Jan 2020WPC/4190/2019

Case brief

AI extract

What is this about?

This writ petition challenged the dismissal of the petitioner from service as Aaganbari Sevika without a show-cause notice or enquiry. The court held that the order violated natural justice principles and was unsustainable.

What did the court decide?

Impugned order quashed and set aside. Petitioner directed to be reinstated with all consequential benefits within 12 weeks.

Anita Devi Vs the State of Jharkhand… — Labour and Industrial Disputes | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 4190 of 2019

Anita Devi.

… …Petitioner

-Versus-

The State of Jharkhand, through its Chief Secretary, Govt. of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, Dist. Ranchi.

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Deputy Commissioner, Palamau, P.O. & P.S. Palamau, Dist. Palamau at Daltonganj.

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Deputy Development Commissioner, Palamau, P.O. & P.S. Palamau, Dist. Palamau at Daltonganj.

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Child Development Project Officer, Tarhasi, P.O. & P.S. Tarhasi, District-Palamau. … …Respondents

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CORAM: THE HON’BLE MR. JUSTICE DR. S.N.PATHAK

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For the Petitioner :Mr. A.K.Sahani, Advocate. For the Respondents :Mr. Gautam Kumar, Advocate.

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05/ 18.01.2020 The petitioner has assailed the order dated 26.12.2018 passed by the

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Child Development Project Officer, Tarhasi, District of Palamau.

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The petitioner was appointed as Aaganbari Sevika in Chchechani Tola of Village-Selari, P.S. Tarhasi. It is specific case of the petitioner that without any show-cause notice and without any enquiry, petitioner has been dismissed from service in complete violation of the principle of natural justice.

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Mr. A.K.Sahani, learned Counsel appearing for the petitioner strenuously urges that the order has been issued in complete violation of cardinal principle of natural justice and any order visiting with civil and evil consequence cannot be passed without affording opportunity of hearing to the employee. In this case nothing has been brought on record to show that even copy of the order has been served to the petitioner. Prima facie a case has been made out in favour of the petitioner.

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Mr. Gautam Kumar, learned Counsel appearing for the respondents submits that in absence of counter-affidavit, he is not in a position to say as to under what circumstances, the petitioner has been dismissed from service.

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Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that case of the petitioner needs consideration. Any order visiting with civil or evil consequences the policy of cardinal principle of natural justice is attracted. The respondents admittedly without hearing the petitioner have snatched the livelihood by passing order of dismissal, without giving ample opportunity of hearing and as such the order is not tenable and fit to be quashed and set aside.

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As a sequel to the aforesaid rules, guidelines, judicial pronouncement and observations the impugned order dated 26.12.2018 is quashed and set aside. Respondents are directed to reinstate the petitioner with all consequential benefits within a period of 12 weeks from the date of receipt of a copy of this order.

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However, it is open for the respondents to proceed in accordance with law after following the principle of natural justice.

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The writ petition is disposed of with the aforesaid observation.

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P.K.S.

Anita Devi v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

Anita Devi v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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