KISHOR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed against the order passed by the learned Single Judge as also the order passed by the University, which are Annexure-3 to the main writ application followed by Annexure-9, on the ground that those orders have been passed without affording any opportunity of hearing to the deceased-writ petitioner-appellant violating the principles of natural justice. But, however, learned Single Judge has observed that calculation was made hurriedly in view of the fact that contempt application was initiated in the case. The deceased writ petitioner was alive then and learned Single Judge refused to interfere in the writ petition. Learned counsel appearing on behalf of the present appellant has submitted that during the tendency of the appeal the appellant died and that fact has been brought on record and he (deceased-appellant) has been substituted by his legal heir in the present appeal.

(2.) It is also further observed by the learned Single Judge that several opportunities for hearing have been given to the appellant-writ petitioner in the writ petition and for their mistake no fixation of pay scale was made to the appellant and that fact remains undisputed from the side of the respondents.

(3.) Learned counsel for the respondents has fairly submitted that earlier order has been passed in pursuance of the M.J.C. application by this Court. It has also been submitted that Annexure-9 to this appeal has been passed after affording opportunity to the deceased-writ petitioner. It has also been submitted that earlier order at Annexure-3 has been passed by the State Government after giving opportunity of hearing to the deceased-writ petitioner. Learned counsel for the University also brought to the notice of this Court to the effect that Annexure-3 has been passed after hearing the deceased-writ petitioner on 13.8.1998.