LAWS(SC)-2022-4-172

DESH RAJ RAMAN Vs. STATE OF BIHAR

Decided On April 04, 2022
Desh Raj Raman Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Without going into the detailed facts and the various arguments advanced by the learned counsel for the parties, these appeals in the peculiar facts and circumstances, deserves to be allowed on the short point of lack of opportunity, that is, violation of the principle of natural justice. Even this Court while issuing notice on 14/8/2017, made it limited to the issue whether the appellants should have been heard before their termination.

(3.) Respondent Nos.1,2, 4 to 8(the State respondents) have filed one counter affidavit. Respondent No.12 (Vigilance department) has filed a separate counter affidavit. Perusal of both the counter affidavits reflects that no opportunity was given to the appellants before terminating their service in 2013. In fact, the State respondents in paragraph 13 of their counter affidavit have sought to justify that giving of opportunity was not required.