Termination From Service Based Solely On Implication In Criminal Case Without Affording Opportunity Of Hearing Unmerited: Patna High Court

The division bench of Justice P. B. Bajanthri and Justice Alok Kumar Pandey were considering an appeal against the order of the single bench that dismissed the appellant's petition. The District Programme Officer (DPO)/respondent, Nalanda had terminated the appellant from post of Aganbari Sevik on 26.02.2014 on the ground that she was implicated in a criminal case and was continuously absent from her service.

The appellant contended that she was acquitted from the criminal case by the Trial Court. She further contended that no show cause notice was served to her and that respondents abruptly terminated her services without following principles of natural justice.

The High Court noted that no notice was served to the appellant and she was also not given any opportunity to argue her case before the DPO/respondent. Thus, the Court stated that the order of DPO/respondent goes against the principles of natural justice.

It held that the appellant cannot be terminated only on ground that she was facing criminal proceedings.

“…no notice was served upon the appellant and she was also not given any opportunity to put forth her case before the competent authority. Appellant suffered the termination from the post of Anganbari Sevika abruptly only on the ground of accusation in criminal case…In the light of given facts and circumstances of the case, orders passed by the respondents authority is bereft of merit…” the Court stated.

It thus set-aside the decision of the single bench. It stated that the due appellant' termination in 2014 a “third party interest has already been created.” It held the appellant is entitled to a compensation of Rs. 5,00,000.

Case title: Shubhadra Kumari @ Subhadra Devi vs. The State of Bihar & Ors. (L.P.A No.828 of 2019)

Citation: 2024 LiveLaw (Pat) 54