Allowed

Mantu Kumar and Ors. v. The State Of Bihar and Ors.

Patna HC5 Oct 2012CWJC/18855/2012

Case brief

AI extract

What is this about?

This court set aside impugned termination orders against three constables on probation who denied allegations of objectionable activities. The court held the orders were stigmatic and void for lack of a hearing, ordering reinstatement with back pay and onward salary. It reserved the right to take future action after a proper hearing if any misconduct is proved.

What did the court decide?

Impugned termination orders set aside; petitioners to be reinstated immediately; due salary and onward salary to be paid.

Mantu Kumar and Ors. Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.18855 of 2012

¶3

====================================================== 1. Mantu Kumar, S/o. Ajay Prasad, resident of village Dumari, P.O. Bharthu, District- Jehanabad.

¶4

Randhir Kumar, S/o. Dinesh Singh, r/o. Village- Pran Bigha, P.S. Ghushi, District- Jehanabad.

¶5

Shivji Singh S/o. Jagdish Singh, R/o. Village-Jagdishpur, Police StationGhushi, District- Jehanabad. .... .... Petitioners

¶6

Versus

¶7

The State Of Bihar through Principal Secretary, Home Department, Bihar, Patna.

¶8

The Director General of Police, Bihar, Patna.

¶9

The Director General cum Commandant General, Home Guard, Bihar, Patna Battalion.

¶10

Chairman, Central Selection Recruitment Board (Constable Appointment), Bihar, Patna.

¶11

Senior Superintendent of Police, Patna.

¶12

.... .... Respondents

¶13

====================================================== Appearance :

¶14

For the Petitioner/s : Mr. Ram Kishun Prasad For the Respondent/s : Mr. Shail Kumari Sc15

¶15

======================================================

¶16

CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER

¶17

2 05-10-2012 This writ petition has been filed by the petitioners challenging the order of termination of service from the post of constable. The appointment was made regular one and the petitioners were on probation. It is needless to say that service

¶18

Patna High Court CWJC No.18855 of 2012 (2) dt.05-10-2012

¶19

2 / 3

¶20

may be terminated before the extension of probation but that order should be order simplisitor and not stigmatic. From the perusal of impugned termination orders, it reveals that the services of the petitioners have been terminated on the ground of said objectionable activities during their service in Home Guard for three years. Later they have also been charged for forgery and cheating. However, charges leveled against the petitioners have been denied by them. Moreover, the petitioners had fulfilled the basic criteria for selection as constable, as they have completed their due training in Home guard successfully and no complaint against them has been reported during their probation period of eleven months as constable.

¶21

Thus, the order is stigmatic and cannot be passed without giving an opportunity of hearing. Thus, the impugned orders of termination contained in Annexures-5 & 6 are hereby set aside. Petitioners shall be reinstated in service with immediate effect and if anything comes against them in future, action may be taken in accordance with law after giving them full opportunity of hearing.

¶22

It is further needless to say that the order and judgment of the Court, if set aside, the orders are ultravires, it means that it was never in existence. On this principle the

¶23

Patna High Court CWJC No.18855 of 2012 (2) dt.05-10-2012

¶24

3 / 3

¶25

petitioners shall be paid their due salary for the period they have served in Bihar Police as constable. The petitioners shall also be paid onward salary till further order is passed after following the due process of law.

¶26

With the above, this writ petition is disposed.

¶27

Mkr./-

¶28

(Prakash Chandra Verma, J)

Mantu Kumar and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mantu Kumar and Ors. v. The State Of Bihar and Ors.

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

Similar cases

Naresh Prasad and Ors. Vs Patna High Court and Ors.

Amirak Mali and Anr. Vs the State of Bihar and Ors.

Om Prakash Mishra and Anr. Vs the State of Bihar and Ors.

Mintu Devi @ Mintu Kumari Vs The State Of Bihar and Ors.

Saira Khatoon and Ors. Vs The State Of Bihar and Ors.

Subhadra Kumari Vs The State Of Bihar and Ors.