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Manish Kumar and Ors. Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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Manish Kumar and Ors. Vs The State Of Bihar and Ors.Manish Kumar and Ors. v. The State Of Bihar and Ors.

Allowed¶26

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

Patna HC4 Jan 2024CWJC/18727/2016

Case brief

AI extract

What is this about?

Cancellation of caste certificates quashed; order dated 28.08.2014 set aside for denial of hearing and violation of principles of natural justice; fresh order directed after hearing petitioners and considering objections in show cause; respondents include State of Bihar, Principal Secretary (General Administration Department), SDO Mohania and BDO Durgawati (District Kaimur), Union of India (Ordnance Factory Board) and Ordnance Parachute Factory, Kanpur; Patna High Court, Civil Writ Jurisdiction Case No.18727 of 2016, decision dated 04-01-2024, Sandep Kumar, J.

What did the court decide?

Quashing of the order dated 28.08.2014 cancelling the petitioners' caste certificates, together with a direction to respondent no. 2 to pass a fresh order in accordance with law after hearing the petitioners and considering all objections raised in their show cause.

Why is it important?

It is an admitted position that the petitioners had not been heard before passing the order dated 28.08.2014, and the impugned order was passed in complete violation of the principles of natural justice. ¶23

What the court decided

AI extract

Outcome

Quashing of the order dated 28.08.2014 cancelling the petitioners' caste certificates, together with a direction to respondent no. 2 to pass a fresh order in accordance with law after hearing the petitioners and considering all objections raised in their show cause.

Issue for consideration

Whether the order dated 28.08.2014 cancelling the caste certificates granted to the petitioners — passed without affording the petitioners any opportunity to be heard — can be sustained.

Ratio / Principle

It is an admitted position that the petitioners had not been heard before passing the order dated 28.08.2014, and the impugned order was passed in complete violation of the principles of natural justice.

Key takeaways

The order dated 28.08.2014 cannot be sustained and is hereby quashed.ratio¶24
Respondent no. 2 is directed to pass a fresh order in accordance with law after hearing the petitioners and to consider all the objections which may be raised by the petitioners in their show cause filed before respondent no. 2.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J), oral order dated 04-01-2024 in CWJC No.18727 of 2016 — allowed. The writ application sought quashing of the order dated 28.08.2014 by which the caste certificates granted to the petitioners (Manish Kumar, Naveen Kumar and Sanjay Kumar Gond) were cancelled. It was an admitted position that the petitioners had not been heard before that order was passed, and the impugned order was held to have been passed in complete violation of the principles of natural justice. Accordingly, the order dated 28.08.2014 was found unsustainable and quashed. Respondent no. 2 (the Principal Secretary, General Administration Department, Government of Bihar) was directed to pass a fresh order in accordance with law after hearing the petitioners and considering all objections raised by them in their show cause.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18727 of 2016

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

Manish Kumar and Ors Son of Shri Ramjeet Ram, resident of House No. 129, Ram Puram, Shyam Nagar, P.O. Shyam Nagar, Police Station Chakeri, District Kanpur Uttar Pradesh

Naveen Kumar Son of Shri Ramjeet Ram, resident of House No. 129, Ram Puram, Shyam Nagar, P.O. Shyam Nagar, Police Station Chakeri, District Kanpur Uttar Pradesh

Sanjay Kumar Gond, Son of Late Ram Jag Gond, resident of House No. 129, Ram Puram, Shyam Nagar, P.O. Shyam Nagar, Police Station Chakeri, District Kanpur Uttar Pradesh

... ... Petitioner/s

Versus

The State Of Bihar

The Principal Secretary, General Administration Department, Government of Bihar, Patna

The Sub - Divisional Officer, Mohania, District - Kaimur

The Block Development officer, Durgawati, District - Kaimur

The Union of India through the Director General, Ordnance Factory Board, Khudiram Bose Road, Kolkat

The General Manager, Ordnance Parachute Factory, Kanpur, Uttar Pradesh

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Suresh Kumar, Advocate For the State : Md. Harun Quareshi, AC to SC-1 Mr. Lokesh, Advocate For the UOI : Mr. A. K. Pandey, SCG Mr. R. K. Sharma, CGC

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

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

5 04-01-2024 Heard the parties.

The present application has been filed for quashing

the order dated 28.08.2014 by which the caste certificate granted to the petitioners have been cancelled.

It is an admitted position that the petitioners have

Patna High Court CWJC No.18727 of 2016(5) dt.04-01-2024 2/2

not been heard before passing the order dated 28.08.2014 and the impugned order has been passed in complete violation of the principles of natural justice.

In view of the above, I am of the view that the order dated 28.08.2014 cannot be sustained. The same is hereby quashed.

The respondent no. 2 is directed to pass a fresh order in accordance with law after hearing the petitioners and he will consider all the objections which may be raised by the petitioners in their show cause which may be filed by the petitioners before the respondent no. 2.

This application is allowed.

(Sandeep Kumar, J)

P. Kumar

U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order dated 28.08.2014 cancelling the caste certificates granted to the petitioners — passed without affording the petitioners any opportunity to be heard — can be sustained.¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 28.08.2014 by which the caste certificates granted to the petitioners were cancelled.¶20
28.08.2014
Prior proceeding
Writ application filed for quashing of the order dated 28.08.2014 cancelling the petitioners' caste certificates.¶19
Prior proceeding
Admitted position that the petitioners were not heard before the order dated 28.08.2014 was passed; the impugned order was passed in complete violation of the principles of natural justice.¶21-23

Parties & counsel

AI extract

petitioner
Manish Kumar and Ors¶3
Suresh Kumar
petitioner
Naveen Kumar¶4
Suresh Kumar
petitioner
Sanjay Kumar Gond¶5
Suresh Kumar
respondent
The State Of Bihar¶8
Md. Harun Quareshi, Lokesh
respondent
The Principal Secretary, General Administration Department, Government of Bihar, Patna¶9
Md. Harun Quareshi, Lokesh
respondent
The Sub - Divisional Officer, Mohania, District - Kaimur¶10
Md. Harun Quareshi, Lokesh
respondent
The Block Development officer, Durgawati, District - Kaimur¶11
Md. Harun Quareshi, Lokesh
respondent
The Union of India through the Director General, Ordnance Factory Board, Khudiram Bose Road, Kolkat¶12
A. K. Pandey, R. K. Sharma
respondent
The General Manager, Ordnance Parachute Factory, Kanpur, Uttar Pradesh¶13
A. K. Pandey, R. K. Sharma

Coram

AI extract

Sandeep Kumarauthor¶17

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 4 Jan 2024 · January
Registered: 21 Nov 2016
Case no.: CWJC/18727/2016
CNR: BRHC010101822016
Bench: Sandeep Kumar
Disposal: ALLOWED
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Manish Kumar and Ors. v. The State Of Bihar and Ors., CWJC/18727/2016 (PAT), decided on 4 January 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Order dated 28.08.2014 by which the caste certificates granted to the petitioners were cancelled.28.08.2014
Writ application filed for quashing of the order dated 28.08.2014 cancelling the petitioners' caste certificates.
Admitted position that the petitioners were not heard before the order dated 28.08.2014 was passed; the impugned order was passed in complete violation of the principles of natural justice.

View full history

Bench / Coram

Sandeep Kumar

Parties & counsel