HEMANT KUMAR KARN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioners have assailed the order dated 3.9.2005 whereby and whereunder an earlier decision in their favour dated 11,8.2005 has been cancelled/recalled.

(2.) Mr. Chitranjan Sinha learned senior counsel appearing on behalf of the petitioners submits that the impugned order dated 3.9.2005 is fit to be set aside only on the ground of its being in violation of principles of natural justice. Elaborating this aspect, he has submitted that authorities were satisfied with regard to the working of the petitioners continuously for a period of more than 240 days and thus in view of the instructions given to the office of the Civil Surgeon-cum-Chief Medical Officer, Samastipur they were sought to regularized in services by an order dated 11.8.2006 and thus if for any reason whatsoever such order was sought to be revoked/cancelled as was done by the impugned order, the petitioners were entitled to a show cause notice and/or an opportunity of hearing.

(3.) Learned counsel for the State with the help of the counter affidavit has sought to explain that the entire order of the regularization of the petitioners dated 11.8.2005 was itself in violation of the Government instruction and that there was no decision of the Government to regularize any person only on completion of 240 days of service.