STATE OF BIHAR Vs. BHARAT PRASAD SINGH

JUDGEMENT

(1.) THE short question is as to whether the person, who came to be promoted from Class IV to Class III in, as early as, in the year 1993, upon being downgraded or degraded on the premise believed by the department that the earlier promotion was not by the competent authority, could be without affording an opportunity of hearing being given to the concerned employees, who are visited with civil consequences, to which the only answer would be positively in the negative. This has been precisely done by the learned Single Judge.

(2.) DESPITE , it is celebrated jurisprudential proposition not from the "Magna Carta" of 1215 even prior to that has remained consistent and, therefore, a doctrine of "audi alteram partem" has been given momentum and significance in the decision making process, wherein any person whose rights or any person, who is visited with civil or evil consequences without affording an opportunity, the Government -appellant -original respondent has yet chosen to come to question the legality and validity of this order, which, has not only surprised us but has startled us.

(3.) THE Registrar General of the Patna High Court is directed to see that a copy of this order be sent to the Chief Secretary, Government of Bihar, Patna, expeditiously, for consideration and appropriate action.