Patna High Court
Seema KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
Holding
Termination of a government employee without prior notice and opportunity of hearing violates natural justice, and the removal order must be quashed.
Summary
The petitioner, Seema Kumari, a teacher employed under the Bihar Department of Education, challenged a removal order dated 12 September 2022 that terminated her service on the ground of an alleged forged certificate. She also contested a salary suspension order issued on 11 March 2022, arguing that she was denied any opportunity of hearing before these punitive actions were taken. The court examined whether the principles of natural justice require a prior notice and hearing before terminating a government employee's service. It held that the absence of a notice and a chance to defend herself violated due‑process requirements, rendering the removal order invalid. Consequently, the court set aside the removal order, directed the respondents to reinstate the petitioner, and allowed the matter to proceed in accordance with law, while withholding salary during the interim. The decision underscores the necessity of adhering to natural justice in service matters.
Issues considered
- Whether termination of a government employee's service without prior notice and opportunity of hearing violates the principles of natural justice.
- Whether the removal order dated 12 September 2022 can be set aside on the ground of procedural irregularity.
Subjects
- natural justice
- due process
- service termination
- employment law
- Bihar education department
- reinstatement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5676 of 2026
======================================================
Seema Kumari D/o B Prasad, Resident of Village- Chapariya, Post- Rajpur,
P.S. Sanjhauli, District- Rohtas at Sasaram, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Director, Primary Education, Department of Education, Government of
Bihar, Patna.
3. The District Education Officer, Rohtas at Sasaram.
4. The District Programme Officer (Establishment), Rohtas at Sasaram.
5. The Block Education Officer, Akodhigola, District- Rohtas at Sasaram.
6. The Member Secretary, Panchayat Teacher Planning Unit-cum-Panchayat
Secretary, concerned Gram Panchayat, District- Rohtas at Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mira Kumari, Adv.
For the Respondent/s : Mr. Government Pleader (14)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the parties.
2. This writ application has been filed for setting aside
the order of removal as contained in Letter No. 13 dated
12.09.2022 (Annexure-P/2) issued by the Panchayat Teacher
Planning Unit -cum- Panchayat Secretary by which the services
of the petitioner have been removed on the basis of an alleged
invalid certificate without giving any opportunity of hearing to
the petitioner.
3. Learned counsel for the petitioner submits that
from bare perusal of the impugned order dated 12.09.2022
Patna High Court CWJC No.5676 of 2026(2) dt.21-04-2026
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(Annexure-P/2), it shall transpire that the petitioner's services
have been terminated/dismissed alleging that he had obtained
employment on the basis of forged documents. Whatever be the
nature of allegation, the petitioner contends that he should at
least have been heard prior to being removed from service
which was not done in the present case. He further assails the
impugned order as contained in letter no. L-869 dated
11.03.2022 issued by the District Programme Officer
(Establishment), Rohtas whereby the salary of the petitioner was
illegally suspended from January, 2022 to September, 2022,
without following the principles of natural justice.
4. It is by now well settled that if allegations are made
against any person and based on those allegations, if the service
is to be terminated/dismissed then opportunity of hearing must
be provided to that person. In the present matter, it is an
admitted position that prior to issuance of the termination order,
no notice was issued to the petitioner and without granting her
any opportunity of defence or without following the principles
of natural justice, the petitioner has been removed from service.
5. In the considered view of this Court, an opportunity
of hearing was required to be given to the petitioner prior to
passing the termination order, which has admittedly not been
Patna High Court CWJC No.5676 of 2026(2) dt.21-04-2026
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done in the present case and, therefore, this itself is sufficient
enough to quash and set aside the order of removal and allow
the writ petition.
6. Keeping in view the aforesaid, the writ application
is allowed and the order of removal contained in Letter No. 13
dated 12.09.2022 (Annexure-P/2) issued by the Panchayat
Teacher Planning Unit -cum- Panchayat Secretary by which the
petitioner has been removed from service on the basis of an
alleged invalid certificate, is set aside and the respondents are
granted liberty to proceed in accordance with law. The
respondents should reinstate the petitioner and, thereafter,
proceed in the matter in accordance with law. For the
intervening period, no salary will be paid to the petitioner. So
far as the petitioner is concerned, it would be dependent upon
the final outcome of the inquiry conducted by the respondents
and the action that they propose to take after such inquiry.
(Ajit Kumar, J)
rishi/-
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