PRAKASH CHANDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners, for the State and Sri Birendra Kant Choudhary, Advocate appearing for the opposite party No. 2.

(2.) The Petitioners who were working on daily wages were regularized and absorbed in service after consideration by a committee. They were reverted to their status of daily wage by an ex-parte order in violation of principles of natural justice questioned by them in a writ application. The Court held that if the Respondents were of the opinion that the regularization was erroneous, they were obliged to notice the Petitioners spelling out the error in the order of regularization and then take a fresh decision after due consideration of objections. It was observed that if despite easy availability of proper legal advise from the panel of Law Officers, the officials of the State Government persist in passing orders contrary to law, the Courts have no option but to set aside such orders. The order of reversion were set aside holding that they were akin to still born child which never came into existence. Liberty was granted to the Respondents for proceeding afresh in the matter.

(3.) Opposite Party No. 2 filed a show cause stated to have been issued to the Petitioners on 18.12.2009 contending that final orders were passed thereafter on 11.1.2010 rejecting their claims. The Petitioners contended that they were never reinstated on their regularized posts. The show cause notice dated 18.12.2009 was not in accordance with the order of the Court and gave no reasons for reversions making aware the Petitioners of the grounds they had to meet.