Simplified Explanation of the Judgment
In February 2021, the Patna High Court delivered a significant ruling on service law concerning government employees. The Court quashed an administrative order that cancelled a promotion granted more than 30 years earlier, holding that the action violated the principles of natural justice because no prior notice or opportunity of hearing had been given to the affected employee.
The petitioner, a health department employee posted in Gaya, had received a promotion through Memo No. 248 dated 08.02.1989. Decades later, the Civil Surgeon-cum-Chief Medical Officer, Gaya, suddenly issued Memo No. 7257 dated 21.03.2020, cancelling that promotion. This meant that the petitioner stood to lose not only his promotional status but also the financial and service benefits flowing from it.
The petitioner challenged this cancellation order before the Patna High Court through a writ petition. He argued that the impugned order caused serious civil and financial consequences yet had been passed without even a show cause notice or opportunity to defend himself. This, he claimed, amounted to a violation of the well-established principles of natural justice.
The State’s counsel could not dispute the claim. In fact, it was admitted that no show cause notice had been issued before the cancellation of the promotion.
Justice Mohit Kumar Shah, hearing the matter, noted that the absence of notice or hearing before passing such a drastic order deprived the petitioner of his right to defend his promotion. When administrative or quasi-judicial actions affect civil rights and financial entitlements, natural justice demands that the person concerned be given notice and an opportunity of hearing.
The Court emphasized that promotions are not just routine administrative decisions—they create long-term legal and financial entitlements. Once a promotion has been granted and acted upon for decades, cancelling it unilaterally and retrospectively without due process is not permissible. The Court held that the impugned order was unsustainable in law and accordingly quashed it, allowing the writ petition.
This ruling reinforces the constitutional commitment to fairness in administrative action. It also acts as a warning to government departments against issuing arbitrary orders that impact vested rights without following due process.
Significance or Implication of the Judgment
- For employees: The judgment protects long-standing service benefits. It assures that promotions or service advantages already granted cannot be withdrawn arbitrarily without giving the affected employee a fair chance to respond.
- For the government: The ruling underscores the importance of adhering to principles of natural justice in all administrative decisions, especially those with financial implications. This ensures transparency and prevents avoidable litigation.
- For the public: It strengthens faith in the judiciary’s role as a guardian of fairness, ensuring that bureaucratic decisions respect the rule of law.
Legal Issue(s) Decided and the Court’s Decision with Reasoning
- Issue 1: Can a promotion granted decades ago be cancelled without notice?
• Decision: No.
• Reasoning: Cancellation of a promotion after 31 years without notice or hearing is a violation of natural justice and therefore unsustainable. - Issue 2: What is the effect of not issuing a show cause notice?
• Decision: The order is void.
• Reasoning: The absence of show cause notice deprived the employee of the right to defend himself, rendering the order unlawful.
Case Title
Ranjeet Kumar Singh v. The State of Bihar & Ors.
Case Number
Civil Writ Jurisdiction Case No. 6167 of 2020
Citation(s)
2021(1) PLJR 792
Coram and Names of Judges
Hon’ble Mr. Justice Mohit Kumar Shah
Names of Advocates and who they appeared for
- For the petitioner: Mrs. Ritika Rani, Advocate
- For the respondents (State of Bihar): Mr. Lalit Kishore, Advocate General
Link to Judgment
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