Shrawan Kumar Jha And Others vs State Of Bihar And Others
- SCC1991 Supp (1) SCC 330
- AIRAIR 1991 SC 309
Ratio decidendi
The rule this decision rests on
No appointment order to the detriment of a person can be cancelled or modified without affording that person an opportunity of hearing in compliance with the rules of natural justice, even where substantive grounds for cancellation may exist. The High Court or other reviewing authority seized of a challenge to cancellation of appointments must, rather than determining the substantive merits itself, remit the matter to the appropriate authority to afford the person affected an opportunity to be heard, whereupon that authority shall make findings on the validity of the appointment, whether the appointee actually joined, the duration of service, and entitlement to salary for service rendered.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2. The appellants, who are 175 in number, were appointed as Assistant Teachers by the District Superintendent of Education, Dhanbad, by an order dated May 28, 1988. Before joining, they were supposed to get their certificates and other qualifications verified from the authorities. They were to join the specified schools by July 4, 1988. The appellants assert that they had joined their respective schools but this fact is denied by the State.
3. By an order dated November 2, 1988, the Deputy Development Commissioner cancelled the appointments of the appellants. Mr. Ashok H. Desai, learned Solicitor General appearing for the respondents has contended that the appointments have been cancelled because the District Superintendent of Education had no authority to make the appointments, it was a device of by-passing the reservations and that the conditions which are part of the appointment order were not complied with. Mr. U. R. Lalit and Mr. A. K. Ganguli, learned Senior Advocates, appearing for the appellants have controverted these allegations and have dated that all these teachers were validly appointed and they had joined their respective schools. It is not necessary to go into all these questions. In the facts and circumstances of this case, we are of the view that the appellants should have been given an opportunity of hearing before cancelling their appointments. Admittedly, no such opportunity was afforded to them. It is well settled that no order to the detriment of the appellants could be passed without complying with the rules of natural justice. We set aside the impugned order of cancellation dated November 3, 1988 on this short ground. As suggested by the learned Solicitor General, we direct that the secretary (Education), Government of Bihar, or to other person nominated by him should give an opportunity of hearing to the appellants and thereafter give a finding as to whether the appellants were validly appointed as Assistant Teachers. He shall also determine as to whether any of the teachers joined their respective schools and for how much duration. In case some of them joined their schools and worked, they shall be entitled to their salary for such period.
4. The appeals are dismissed accordingly with no order as to costs.
Contempt Petition No. 92/90 :
5. In view of our order, the contempt petition has become infructuous and is accordingly dismissed.
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