MATA PRASAD MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned counsel for the State. The present appeal is filed under Section 15 of the Jharkhand Education Tribunal Act for issuance of appropriate writ, order or direction for setting aside the order dated 22.11.2007 passed by the learned President, Jharkhand Education Tribunal and the learned Administrative Member of Jharkhand Education Tribunal, Ranchi in Case No. 13 of 2007 (JET), whereby the learned Tribunal has rejected the application of the appellant with cost.

(2.) The brief facts of the case are as under :

(3.) Learned counsel for the appellant submitted that being aggrieved and dissatisfied by the order of the JET, the appellant preferred appeal before the Jharkhand High Court on the ground that no regular departmental proceedings were ever initiated or conducted before the termination of the petitioner, which was punitive in nature and, therefore, the order of termination and consequently asking the appellant to vacate the quarter is in clear contravention of the principles of natural justice. Learned counsel further submitted that no prior notice has ever been served upon the appellant before termination from the service. Even the appellant has not been given any opportunity of hearing before termination of service. The learned JET has failed to consider the vital issue with regard to the non observance of principles of natural justice.