SAYEEDUR REHMAN versus THE STATE OF BIHAR & OTHERS

SAYEEDUR REHMAN versus THE STATE OF BIHAR & OTHERS

The orders dated February 25, 1961 and January 18, 1964, passed by the President of the Board of Secondary Education, without affording the appellant a hearing, are invalid for violation of natural justice. Both the High Court's and the Board's impugned orders are set aside, and the matter is restored to the stage prior to February 25, 1961 for fresh decision in accordance with law after affording the appellant an opportunity of hearing.

Parties
Appellant: Sayeedur Rehman; Respondents: The State of Bihar & Others
Jurisdiction
India
Judgment Date
28 November 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated September 3, 1965 of the Patna High Court in M. J. Case No. 1257 of 1964
Outcome
Appeal allowed
Legal Topics
Natural Justice, Dismissal From Service, Review of Orders, Procedural Fairness
Administrative Law Constitutional Law Natural Justice Dismissal From Service Review of Orders Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Sayeedur Rehman

Appellant

The State of Bihar & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated September 3, 1965 of the Patna High Court in M. J. Case No. 1257 of 1964

Legal Issues

  1. 1 Whether the principle of natural justice was violated by modifying an order to the appellant's prejudice without giving him an opportunity of being heard.

Ratio Decidendi

The orders dated February 25, 1961 and January 18, 1964, passed by the President of the Board of Secondary Education, without affording the appellant a hearing, are invalid for violation of natural justice. Both the High Court's and the Board's impugned orders are set aside, and the matter is restored to the stage prior to February 25, 1961 for fresh decision in accordance with law after affording the appellant an opportunity of hearing.

Court Disposition

Appeal allowed

Orders

  • The impugned order of the High Court and the President of the Board of Secondary Education's orders dated February 25, 1961 and January 18, 1964 are set aside.
  • Parties are relegated to the stage immediately prior to the order dated February 25, 1961; the President of the Board to reconsider the matter after giving appellant reasonable opportunity of hearing.