RAMAYAN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Grievance of the Petitioner is that by virtue of a show cause notice issued by the Respondents the Petitioner was asked to appear before the Sub-Divisional Officer, Gopalganj on 31st August, 2010 to show genuineness of his appointment. Accordingly, the Petitioner appeared before the authority and filed an application regarding validity of his appointment, but the Petitioner was dismissed from service vide letter contained in Memo No. 1078 dated 6.11.2010 after about 20 years of his service without giving an opportunity of hearing which is in violation of principles of natural justice.

(2.) It has been submitted on behalf of the Petitioner that Respondent No. 6 was appointed as Enquiry Officer and in the departmental proceeding charges have been framed against him and the Petitioner was called upon for enquiry on 31.8.2010 and thereafter the Petitioner had appeared on that date and showed his bona fide, as stated above. It has been further contended by the learned Counsel for the Petitioner that the copy of the enquiry report has not been annexed with the show cause notice to know the contents of the departmental proceeding or the charges framed against him. Hence, the Petitioner was not in a position to reply the same and surprisingly the Petitioner was dismissed from service without giving an opportunity to defend himself which is in violation of principles of natural justice.

(3.) Learned Counsel for the State has tried to support his case by stating that after issuing the show cause notice charges have been framed by the Enquiry Officer in the departmental proceeding and thereafter the Petitioner was asked to come for enquiry on 31st August, 2010 and after conducting the departmental enquiry impugned order of dismissal of the Petitioner from service was passed.