PRABHA SHANKAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE State has appeared and filed a counter affidavit to which a reply has been filed by the petitioner. Private respondent No 6 has also appeared.

(3.) HAVING considered the matter, it is clear that the actions of the respondents are absolutely illegal, arbitrary and suffers from malice in law. It is well settled that State, acting in contractual field, is not relieved of the responsibility of Article 14 of the Constitution. Article 14, apart from other things, enshrines compliance of principles of natural justice and non -arbitrary action. In the present case, petitioner having been given the work, was executing the same, there was no violation of the agreement yet his agreement was cancelled even without notice to him. This cannot be countenanced. Therefore, this Court holds that the cancellation of the agreement was wholly illegal and unsustainable.