Disposed¶26

Shailesh Kumar Singh v. The State of Bihar

Patna HC24 Jun 2024CWJC/7959/2019

Case brief

AI extract

What is this about?

dismissal without notice; no departmental enquiry; natural justice violation; termination set aside; consequential benefits; reinstatement claim; Jai Prakash University Chhapra; Registrar order 11.12.2018 Annexure-16; Class III employee appointed 2004; Chancellor direction regularization 2009 recruits; writ disposed; Patna High Court; Anjani Kumar Sharan, J.; CWJC 7959/2019.

What did the court decide?

Dismissal order dated 11.12.2018 (Annexure-16) set aside; petitioner declared entitled to all consequential benefits; State/University left at liberty to take legal steps in accordance with law; writ application disposed of. ¶26

Shailesh Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7959 of 2019

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Shailesh Kumar Singh Son of late Prabhunath Singh, Resident of VillageHansrajpur, Police Station- Ekma, District- Chapra (Saran).

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Human Resources Development, New Secretariat, Patna.

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The Chancellor of University of Bihar Raj Bhawan, Patna.

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The Principal Secretary to H.E. Governor-Cum-Chancellor, Bihar Raj Bhawan, Patna.

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Jai Prakash University, Chapra through its Registrar.

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The Vice-Chancellor, Jai Prakash University, Chapra.

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The Registrar, Jai Prakash University, Chapra.

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Finance Officer, Jai Prakash University, Chapra.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sushil Kumar Singh For the State : Mr. Jitendra Kr. Roy 1 (Sc13) For the Chancellor : Mr. Janardan Pd. Singh, Sr. Adv Mr. Rajiv Ranjan Kumar Pandey

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 24-06-2024

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Heard learned counsel for the parties.

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This is an application for issuance of writ for quashing the order dated 11.12.2018 (Annexure-16) passed by the Registrar, Respondent No.6 and by which the petitioner has been discharged from the service by the University without any notice and that too ignoring the direction of the Chancellor by which the Chancellor was pleased to direct for regularizing the services of Class III and IV employees of Branch Office of Magadh University though they were appointed on temporary basis in the year 2009 whereas the petitioner was appointed on Class III post in the year 2004 and also for issuance

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Patna High Court CWJC No.7959 of 2019 dt.24-06-2024

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of writ commanding or directing the respondents to reinstate the petitioner on the post from which the petitioner was illegally and arbitrarily removed and to give all consequential benefits for which the petitioner is entitled.

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Learned counsel for the petitioner submits that no notice was issued upon the petitioner before his dismissal from services as well as also no enquiry was conducted by the concerned authority and this statement is not denied by the learned counsel appearing for the University.

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Considering the arguments of the parties and after perusal of records, I set aside the order of dismissal dated 11.12.2018 (Annexure-16 of the writ application) passed by the Registrar, J.P. University, Chhapra.

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