Simplified Explanation of the Judgment
In a significant order, the Patna High Court addressed concerns over procedural irregularities in the way quasi-judicial hearings are conducted by government departments in Bihar. The case arose when the petitioner, a municipal councilor, was removed through a no-confidence motion following an earlier departmental proceeding that had been stayed by the Court.
Although no relief was granted in the writ petition due to the petitioner’s eventual removal through other legal means, the Court took serious note of procedural lapses in the way the Departmental Minister and officials handled the hearing.
The petitioner alleged that he had not received prior notice of the hearing scheduled for 18 June 2019 before the Departmental Minister. He was in jail custody at that time, and the notice was served through the Jail Superintendent late in the evening—well after the hearing was concluded. He claimed that the Deputy Chief Councilor, who also had a case fixed for the same day, went to the Minister’s office with her lawyer but found that the Minister was unavailable due to an official visit to Muzaffarpur. Despite this, no order sheet was prepared acknowledging these facts.
The Court noted that the department’s counter affidavits were vague and failed to provide specific denials to the petitioner’s claims. Even the supplementary affidavit by the government failed to clarify whether the Minister was present on the date of hearing or why no alternate arrangements were made.
The Court observed that this conduct was disrespectful not only to the litigants but also to the dignity of the legal profession. It noted that advocates attending departmental hearings are often kept waiting without updates and are required to run from one desk to another to submit attendance or documents.
Although the case was disposed of without any direction on the petitioner’s individual claims, the Court issued strong, binding directions to all departments and quasi-judicial authorities in Bihar. These directions aim to ensure transparency, accountability, and respect for lawyers participating in statutory or departmental hearings.
Significance or Implication of the Judgment
This judgment has a far-reaching impact on administrative justice in Bihar. By setting procedural standards for departmental and quasi-judicial hearings, the Court seeks to protect the dignity of legal practitioners and ensure that due process is followed.
For lawyers and litigants, the decision guarantees fair treatment and eliminates uncertainty around hearings. For government departments, especially those conducting statutory hearings, this ruling acts as a wake-up call to improve coordination, record-keeping, and communication.
The decision also emphasizes that officers conducting quasi-judicial hearings must uphold the same standards of responsibility and respect as judicial forums.
Legal Issue(s) Decided and the Court’s Decision
- Whether the hearing scheduled for 18.06.2019 was conducted fairly and transparently?
➤ No. The Court found the conduct of the hearing and the subsequent affidavit by the department lacking in clarity and accountability. - Can the department proceed without giving proper notice and attendance acknowledgment in quasi-judicial matters?
➤ No. The Court held that such behavior violates due process and the dignity of the legal profession. - Should procedural safeguards be put in place for quasi-judicial hearings by departments?
➤ Yes. The Court issued detailed guidelines to ensure fair hearings and proper communication with advocates.
Case Title
Kaushal Kaushik vs. The State of Bihar & Ors.
Case Number
CWJC No. 15396 of 2019
Citation(s)
2020 (1) PLJR 199
Coram and Names of Judges
Hon’ble Mr. Justice Rajeev Ranjan Prasad
Names of Advocates and who they appeared for
Mr. S.B.K. Manglam – For the Petitioner
Mr. Kinker Kumar (SC-9), Mr. Zaki Haidar (AC to SC-9) – For the State
Mr. Sanjeev Nikesh – For the State Election Commission
Mr. Ranjeet Kumar and Mr. Kundan Kumar – For Private Respondents
Link to Judgment
https://patnahighcourt.gov.in/vieworder/MTUjMTUzOTYjMjAxOSM0I04=—ak1–SmyIYlTmt8=
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