Created by Fuzzy Cloud

Patna High Court

Somya SumanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The termination order is quashed as it violated natural justice; the petitioner is to be reinstated.

Summary

Somya Suman, a teacher appointed in 2014 on the basis of a TET certificate, was terminated in August 2023 by the Block Development Officer on the allegation that her certificate was forged. The termination order was issued without any notice or opportunity to be heard, violating the principles of natural justice. The petitioner filed a writ petition challenging the termination. The High Court, relying on earlier decisions (LPA No. 501 of 2017, Chief Post Master General v. Nirbhay Kumar, and Vibha Kumari v. State of Bihar), held that a hearing is mandatory before imposing such punitive action. Consequently, the court quashed the termination order, directed the petitioner’s reinstatement, and ordered that no salary be paid during the interim pending the outcome of the inquiry.

Issues considered

  • Whether the termination of a government employee for alleged forged documents without notice and hearing violates the principles of natural justice.
  • Whether the writ petition challenging the termination order should be allowed.

Subjects

  • natural justice
  • termination of service
  • forged certificate
  • due process
  • writ petition
  • reinstatement
  • education department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.6884 of 2026
                 ======================================================
                 Somya Suman Wife of Chandan Singh Resident of Village- Masoin Kala,
                 P.O.- Amawan, P.S.- Kaimur (Bhabua), District- Kaimur.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Director, Primary Education, Govt. of Bihar,
                 New Secretariat, Patna.
           2.    The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.
           3.    The District Education Officer, Sheikhpura.
           4.    The District Programme Officer (Establishment), Sheikhpura.
           5.    The Block Development Officer, Chewara, P.O. and P.S.- Chewara, District-
                 Sheikhpura.
           6.    The Block Education Officer, Chewara, P.O. and P.S.- Chewara, District-
                 Sheikhpura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Bipin Bihari Singh
                 For the Respondent/s   :       Mr. Suman Kumar Jha, AC to AAG-03
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel for the parties.

                               2.    Counsel for the petitioner submits that similar

                   issues had come up for consideration before the Hon’ble

                   Division of this Court and the issues have already been put at

                   rest vide order dated 14.11.2017 passed in LPA No. 501 of 2017.

                   The relevant portion is being extracted which reads as follows:-

                                              “Petitioner was appointed as a teacher
                                    in the year 2014 based on the certificate issued to
                                    him for having passed the T.E.T. However, after
                                    working for about three years, by the impugned
                                    order dated 1.12.2016, after about two years, his
Patna High Court CWJC No.6884 of 2026(2) dt.05-05-2026
                                            2/5




                          services have been terminated by indicating that he
                          has submitted a forged eligibility test certificate for
                          seeking appointment. However, it is an admitted
                          position that after working for about two years, on
                          account of producing a forged T.E.T. Certificate,
                          his services were terminated without issuing notice
                          to him, without granting him any opportunity of
                          defence or without following the principles of
                          natural justice. A Co-ordinate Bench of this Court
                          in the case of Chief Post Master General vs.
                          Nirbhay Kumar, 2008 (3) P.L.J.R. 344 has laid
                          down the principle that when penal action is taken
                          and services of an employee is terminated, which
                          has an adverse consequence on the delinquent
                          employee, at least an opportunity of hearing should
                          be granted to him. Even though these grounds were
                          canvassed before the learned Writ Court, the
                          learned Writ Court seems to have dismissed the
                          writ petition because even the T.E.T. certificate,
                          which was alleged to be forged, was not filed.
                                       In our considered view, when it is an
                          admitted position that when the services of the
                          petitioner were terminated for having procured it
                          by producing a forged certificate, an opportunity of
                          hearing was required to be granted to the petitioner
                          and the same having not been done, this itself is
                          sufficient enough to allow the writ petition.
                                       Keeping in view the aforesaid, we allow
                          the petition, quash the order dated 8.2.2017 and
                          grant liberty to the respondents to proceed in
                          accordance with law. The respondents should
                          reinstate the petitioner and thereafter proceed in
Patna High Court CWJC No.6884 of 2026(2) dt.05-05-2026
                                            3/5




                          the matter in accordance with law. For the
                          intervening period, no salary will be paid to the
                          petitioners. So far as the appellant is concerned, it
                          would be dependent upon the final out come of the
                          enquiry conducted by the respondents and the
                          action that they propose to take after such
                          enquiry.”
                      3. It is next submitted that the Co-ordinate Bench has

          also dealt with the same issue by passing appropriate order in

          the case of Vibha Kumari Vs. The State of Bihar & Ors. (CWJC

          No. 20170 of 2025) and the relevant portion is being extracted

          which reads as follows:-

                                  “2. This writ application has been filed for
                          setting aside the order of removal as contained in
                          Letter No. 22 dated 14.10.2022 (Annexure-P/3)
                          issued by the Member Secretary, Panchayat Teacher
                          Employment Committee-cum-Panchayat Secretary,
                          Gram Panchayat Raj, Karup, Block-Sasaram,
                          District-Rohtas by which the services of the
                          petitioner have been removed 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
                          14.10.2022 (Annexure-P/3), 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
Patna High Court CWJC No.6884 of 2026(2) dt.05-05-2026
                                            4/5




                          done in the present case. He further assails the
                          impugned order by submitting that not only her
                          employment has been canceled but also order for
                          recovery of the payments taken by him during the
                          service period has been directed to be recovered.
                                  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 him any opportunity
                          of defence or without following the principles of
                          natural justice, the services of the petitioner has
                          been terminated and direction for recovery has been
                          made.
                                  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 done in the present
                          case and, therefore, this itself is sufficient enough to
                          quash and set aside the termination order and allow
                          the writ petition.”
                      4. From the order impugned itself, it appears that

          merely on the basis of unilateral findings, the document,

          appended by the petitioner, has been found to be forged without

          giving an opportunity of hearing to the petitioner, as is apparent.

                      5. Accordingly, taking cue from the adjudication

          made by this Court in the aforementioned cases and adopting a
           Patna High Court CWJC No.6884 of 2026(2) dt.05-05-2026
                                                       5/5




                     similar view, the violation of the principles of natural justice

                     before passing the impugned termination order, as is evident

                     from the impugned Letter No.788 dated 29.08.2023, which is

                     under challenge, the writ application is allowed and the

                     impugned order of termination dated 29.08.2023 passed by the

                     Block Development Officer, Chewara is set aside and 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.

                                 6. Accordingly, the writ petition stands allowed.



                                                                    (Ajit Kumar, J)
shikha/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.