SHRAWAN KUMAR JHA SHRAWAN KUMAR JHA Vs. STATE OF BIHAR:RAM SEWAK SHARMA
LAWS(SC)-1990-11-26
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on November 13,1990

SHRAWAN KUMAR JHA Appellant
VERSUS
STATE OF BIHAR,RAM SEWAK SHARMA Respondents


Cited Judgements :-

GITANJALI KALITA BARUA VS. STATE OF ASSAM [LAWS(GAU)-2001-12-31] [REFERRED TO]
DEBASISH DEB VS. UNION OF INDIA [LAWS(GAU)-2000-6-38] [REFERRED TO]
R. SIVANARAYANAN VS. DISTRICT COLLECTOR [LAWS(MAD)-2012-6-314] [REFERRED TO]
STATE OF KARNATAKA VS. A L MARICHANDRA BABU [LAWS(KAR)-2012-7-588] [REFERRED]
C. BASAVARAJU VS. STATE OF KARNATAKA [LAWS(KAR)-2014-6-132] [REFERRED TO]
NINA DEVI WIFE OF SHRI ASHOK KUMAR, RESIDENT OF VILLAGE VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2016-11-105] [REFERRED TO]
SUNITA SHARMA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2013-8-174] [REFERRED TO]
HARIOM SINGH RAJPUT VS. STATE OF M P [LAWS(MPH)-2002-4-41] [REFERRED TO]
ANIL KUMAR SRIVASTAVA VS. CHAIRMAN L I C OF INDIA [LAWS(ALL)-2003-2-175] [REFERRED TO]
SHASHI KANT PANDEY VS. EXECUTIVE ENGINEER ANUSANDHAN AVAM NIYOJAN JAL SANSADHAN PRAKHAND AND [LAWS(ALL)-2003-5-126] [REFERRED TO]
S N KEDARE VS. CEAT TYRES OF INDIA LTD [LAWS(BOM)-2001-7-124] [REFERRED TO]
CHAHAL VARUN KUMAR VS. UNION OF INDIA [LAWS(DLH)-2003-5-19] [RELIED UPON]
RAJENDRA SINGH YADAV VS. EXECUTIVE OFFICER NAGARPALIKA FEROZABAD [LAWS(ALL)-1996-1-111] [REFERRED TO]
IFTKHAR ANSARI VS. STATE OF U P [LAWS(ALL)-1998-4-111] [REFERRED TO]
MOHAMMAD RAISH AHMAD VS. STATE OF U P [LAWS(ALL)-1998-4-153] [REFERRED TO]
MOHD IMRAN KHAN VS. STATE OF U P [LAWS(ALL)-2000-5-40] [REFERRED TO]
SAMAR BAHADUR YADAV VS. REGIONAL HIGHER EDUCATION OFFICER VARANASI [LAWS(ALL)-2000-2-2] [REFERRED TO]
PRITHWI NATH YADAV VS. STATE OF BIHAR [LAWS(PAT)-1991-4-18] [FOLLOWED ON]
MUNESHWAR DAYAL VS. ZILA KARYAKRAM ADHIKARI BIJNOR [LAWS(ALL)-1997-11-10] [REFERRED TO]
JAWED AHMADS VS. STATE OF U P [LAWS(ALL)-1998-8-97] [REFERRED TO]
SANDEEP KUMAR BALMIKI AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-4-240] [REFERRED TO]
SHAILESH PRADHAN VS. UNION OF INDIA [LAWS(ALL)-2020-1-206] [REFERRED TO]
AMIT BANERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-9-65] [REFERRED TO]
HARI NARAYAN SAKYA VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2000-4-81] [REFERRED TO]
B. SUBRAMANIYAN VS. THE SYNDICATE OF ANNAMALAI UNIVERSITY AND ORS. [LAWS(MAD)-2015-4-98] [REFERRED TO]
J SHASHIDHARA PRASAD VS. GOVERNOR OF KARNATAKA [LAWS(SC)-1998-11-49] [DISTINGUISHED]
MEDICAL COUNCIL OF INDIA VS. MADHU SINGH [LAWS(SC)-2002-9-1] [REFERRED]
MANOJ KUMAR SHUKLA VS. DISTRICT COOPERATIVE CENTRAL BANK LTD. [LAWS(MPH)-2013-8-199] [REFERRED TO]
NAND KISHORE ACHARYA AND ANOTHER VS. VIKAS ADHIKARI AND OTHERS [LAWS(RAJ)-2002-5-145] [REFERRED TO]
MAHENDRA KUMAR CHAURASIYA VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2001-12-59] [REFERRED TO]
RAM RAJ MARAN VS. DISASTER MANAGEMENT INSTITUTE [LAWS(MPH)-2004-4-21] [REFERRED TO]
MATA PRASAD SAHU VS. STATE OF M P [LAWS(MPH)-2000-4-16] [REFERRED TO]
Arti Bhatnagar VS. State of M.P. [LAWS(MPH)-1999-12-46] [REFERRED TO]
L MAICHON DEVI VS. STATE OF MANIPUR [LAWS(GAU)-2005-1-26] [REFERRED TO]
STATE OF MANIPUR VS. STATE LAND USE BOARD CASUAL EMPLOYEES ASSOCIATION [LAWS(GAU)-2006-11-30] [REFERRED TO]
ASSAM STATE ELECTRICITY BOARD VS. ANJALI PHUKAN [LAWS(GAU)-1995-6-24] [REFERRED TO]
KSH DENESH SINGH VS. CHAIRMAN MANIPUR TRIBAL DEV CORPN LTD [LAWS(GAU)-1994-6-11] [REFERRED TO]
RAJEEV SHARMA VS. STATE [LAWS(J&K)-2007-11-11] [REFERRED TO]
SATISH KUMAR (STATE) VS. THE STATE OF U.P. AND ORS. [LAWS(ALL)-2010-10-403] [REFERRED TO]
SATISH KUMAR (STATE) VS. THE STATE OF U.P. AND ORS. [LAWS(ALL)-2010-10-403] [REFERRED TO]
SATISH CHANDRA BAJPAI VS. HONBLE THE ACTING CHIEF JUSTICE AND ORS. [LAWS(ALL)-2015-12-121] [REFERRED TO]
CHANDAN BORGOHAIN VS. SANJAY KUMAR MEDHI [LAWS(GAU)-2020-3-162] [REFERRED TO]
PATEL NANJIBHAI MANUBHAI VS. DISTRICT DEVELOPMENT OFFICER PANCHMAHALS [LAWS(GJH)-1992-3-43] [RELIED ON]
PRAMOD KUMAR YADAV VS. STATE OF U P [LAWS(ALL)-1998-11-105] [REFERRED TO]
RAM VIKAS VS. STATE OF U P [LAWS(ALL)-2001-8-73] [REFERRED TO]
ANITA SHARMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-9-26] [REFERRED TO]
RAM RAJ RAM VS. STATE OF U P AND OTHERS [LAWS(ALL)-2018-7-169] [REFERRED TO]
DIVISIONAL CONTROLLER MSRTC DHULE VS. HEMANT VIKRAM WAGH [LAWS(BOM)-2002-11-43] [REFERRED TO]
MANNUKUMAR VS. STATE OF BIHAR [LAWS(PAT)-1993-1-21] [REFERRED TO]
BIRENDRA KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2009-12-150] [REFERRED TO]
NAMO NARAYAN SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2008-7-57] [REFERRED TO]
GANESH SEN VS. UNION BANK OF INDIA [LAWS(RAJ)-1991-5-11] [REFERRED TO]
SALAM KORA SINGH VS. STATE OF MANIPUR [LAWS(GAU)-1997-5-4] [REFERRED TO]
RIMA TAIPODIA VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2011-3-78] [REFERRED TO]
UNION OF INDIA VS. SUBRATA KUMAR LODH [LAWS(CAL)-2013-3-21] [REFERRED TO]
RAJBEER SINGH VS. STATE OF U P [LAWS(ALL)-2010-4-15] [REFERRED TO]
C P RAJVIR SINGH VS. STATE OF U P [LAWS(ALL)-2010-4-313] [REFERRED TO]
HEMANT KUMAR VS. BHIM RAO AMBEDKAR [LAWS(ALL)-2011-1-102] [REFERRED TO]
VIRENDRA SINGH YADAV VS. COLLECTOR GHAZIPUR [LAWS(ALL)-2012-10-210] [REFERRED TO]
HARI NARAYAN SAKYA VS. STATE OF M P [LAWS(MPH)-2000-4-5] [REFERRED TO]
R.S. Tripathi VS. Mahatma Gandhi Gramodaya Vishwavidyalaya, Chitrakoot [LAWS(MPH)-2001-11-96] [REFERRED TO]
SURENDRA KUMAR NAMDEO VS. STATE OF M.P. [LAWS(MPH)-2002-1-78] [REFERRED TO]
N S RAVICHANDRAN VS. MANAGEMENT OF THANTHAI PERIYAR TRANSPORT CORPORATION [LAWS(MAD)-2002-11-67] [REFERRED TO]
AVNEESH KUMARS VS. DIRECTOR INDIAN VETERINARY RESERCH INSTITUTE BAREILLY [LAWS(ALL)-1998-12-95] [REFERRED TO]
UPENDRA NATH VS. STATE OF U P [LAWS(ALL)-2001-8-120] [REFERRED TO]
AMAR NATH SINGH VS. DIVISION DIRECTOR, SOCIAL FORESTRY, FOREST DIVISION AND 3 OTHERS [LAWS(ALL)-2018-7-118] [REFERRED TO]
SAVITA DEVI VS. STATE OF U P [LAWS(ALL)-2008-5-62] [REFERRED TO]
NAVINDRA RAGHAV VS. UNION OF INDIA [LAWS(DLH)-2002-3-116] [REFERRED TO]
PREM DUTTA VS. KENDRIYA VIDYALAYA SANGATHAN COMMISSIONER [LAWS(GJH)-1998-2-39] [REFERRED TO]
RAJESH KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2008-8-41] [REFERRED TO]
VINOD KUMAR DWIVEDI VS. UNION OF INDIA [LAWS(MPH)-2002-9-20] [REFERRED TO]
CHANDER SHEKHAR VS. STATE OF PUNJAB [LAWS(P&H)-1995-12-102] [REFERRED]
CHANDER SHEKHAR VS. STATE OF PUNJAB [LAWS(P&H)-1995-12-102] [REFERRED]
RAJESH KUMAR VS. HARYANA STATE CO [LAWS(P&H)-1997-4-203] [REFERRED]
S R BHUPESHKAR AND VS. SECRETARY SELECTION COMMITTEE SABARMATHI HOSTEL KILPAUK MIDICAL COLLEGE HOSTEL CAMPUS MADRAS [LAWS(MAD)-1994-12-15] [REFERRED TO]
ARVIND KUMAR SAHU VS. STATE OF M P [LAWS(MPH)-2002-5-20] [REFERRED TO]
K S GAHARWAR VS. BARKATULAH VISHWAVIDHYALAYA [LAWS(MPH)-2008-9-4] [REFERRED TO]
K.S. Gaharwar VS. Barkatullah Vishwavidyalaya, Bhopal [LAWS(MPH)-2009-4-150] [REFERRED TO]
ASHIS KUMAR BANIK VS. TRIPURA CO OPERATIVE LAND DEVLOPMENT BANK LTD [LAWS(GAU)-2000-12-9] [REFERRED TO]
PRAKASH HAZRA VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-3-152] [REFERRED TO]
SHAILENDRA KUMAR SRIVASTAVA VS. BUNDELKHAND UNIVERSITY JHANSI [LAWS(ALL)-2015-5-63] [REFERRED TO]
PRATAP SINGH RAWAT VS. STATE OF U P [LAWS(ALL)-1992-8-41] [REFERRED TO]
SRIPAL SINGH VS. HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-1999-10-55] [REFERRED TO]
CHANDA SHIKSHAN PRASARAK MANDAL VS. PRESIDING OFFICER ADDL SCHOOL TRIBUNAL [LAWS(BOM)-2000-10-13] [REFERRED TO]
RAJ KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2014-1-67] [REFERRED TO (VII)]
RAJYAKHADYAKRAMCHARISANGH VS. BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD [LAWS(PAT)-1995-3-44] [REFERRED TO]
KAMALJEET TRIPATHI VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2017-5-37] [REFERRED TO]
STATE OF ORISSA VS. NARAYAN JENA [LAWS(ORI)-2022-4-135] [REFERRED TO]
K ATHIMOOLAM VS. DIRECTOR OF COLLEGIATE EDUCATION [LAWS(MAD)-2012-6-213] [REFERRED TO]
JAGANNATH KR DEY VS. STATE OF ASSAM [LAWS(GAU)-2010-7-38] [REFERRED TO]
AMIT BANERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-9-74] [REFERRED TO]
PRINCIPAL SECY. TO GOVT. & ORS. VS. REHANA & ANR. [LAWS(J&K)-2013-4-38] [REFERRED TO]
JAGAT SINGH VS. DIRECTOR OF EDUCATION [LAWS(ALL)-2006-8-150] [REFERRED TO]
CHANDA SHIKSHAN PRASARAK MANDAL THROUGH ITS SECRETARY VS. PRESIDING OFFICER, ADDITIONAL SCHOOL TRIBUNAL [LAWS(BOM)-2000-10-85] [REFERRED]
PANCHAM RAM VS. CHIEF ENGINEER U P JAL NIGAM [LAWS(ALL)-1998-11-156] [REFERRED TO]
BRIJESH KUMAR YADAV VS. SECRETARY BASIC SHIKSHA PARISHAD [LAWS(ALL)-1996-11-8] [REFERRED TO]
AMIT SAXENA AND OTHERS VS. ZILA BASIC SHIKSHA ADHIKARI, JALAUN AT ORAI AND OTHERS [LAWS(ALL)-1998-5-152] [REFERRED TO]
GIRISH KUMAR MISHRA VS. D I O S SHAHJAHANPUR [LAWS(ALL)-1998-8-49] [REFERRED TO]
AJIT SINGH PATEL AND 10 OTHERS; SHIVAM KUMAR NAYAK AND 13 OTHERS; PRAVEEN KUMAR GAUTAM; ANAND MISHRA AND 8 OTHERS; MOHAMMAD SHAMS; SYED AHMAD ALI; KAILASH VISHWAKARMA; SAMRAH AHMAD; RAJESH KUMAR AND 2 OTHERS; ABHISHEK KUMAR SINGH AND ANOTHER VS. STATE OF U P AND 3 OTHERS [LAWS(ALL)-2017-11-172] [REFERRED TO]
DINANATH SINGH VS. STATE OF BIHAR [LAWS(PAT)-1991-3-35] [FOLLOWED.ON]
MDTARIQUEALAM VS. STATE OF BIHAR [LAWS(PAT)-1992-7-30] [REFERRED TO]
MADHYA PRADESH CRICKET ASSOCIATION VS. B.S. SOLANKI [LAWS(MPH)-2013-10-36] [REFERRED TO]
SHEIKH MOHD. ARIF VS. HARI SINGH GAUR UNIVERSITY, SAGAR [LAWS(MPH)-2020-1-38] [REFERRED TO]
KOLLA RANGA RAO VS. STATE OF TELANGANA [LAWS(TLNG)-2022-7-68] [REFERRED TO]
RAJESH KUMAR SHUKLA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2005-4-222] [REFERRED TO]
ARVIND KUMAR PIPAL VS. COMMISSIONER TRADE TAX [LAWS(ALL)-2004-1-4] [REFERRED TO]
SUNAINA SINGH VS. DISTRICT MAGISTRATE MAU [LAWS(ALL)-2003-8-42] [REFERRED TO]
DESHRAJ SINGH VS. DISTRICT MAGISTRATE [LAWS(ALL)-1997-10-82] [REFERRED TO]
SANJAY KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-1997-2-33] [REFERRED TO]
SANJEEV KUMARS VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1999-1-15] [REFERRED TO]
SADIQ ALI VS. CHIEF MEDICAL OFFICER PADRAUNA [LAWS(ALL)-1998-1-15] [REFERRED TO]
KAVITA PANDEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-8-23] [REFERRED TO]
B M JADAV VS. STATE OF GUJARAT [LAWS(GJH)-1993-8-20] [REFERRED]
ARIF HUSSAIN SIDDIQUI VS. STATE OF M P [LAWS(CHH)-2002-3-6] [REFERRED TO]
CHANDRA NARAYAN MAJOR VS. COMMISSIONER MUNICIPAL CORPORATION BHOPAL AND ANOTHER [LAWS(MPH)-2000-11-34] [REFERRED TO]
SAGAR CO-OP MILK PRODUCERS UNION VS. KU NEELOFER ANJUM [LAWS(MPH)-1994-2-34] [REFERRED TO]
MOHD SARTAJ VS. STATE OF U P [LAWS(SC)-2006-1-33] [REFERRED TO]
USHA YADAV VS. STATE OF M P [LAWS(MPH)-2002-2-11] [REFERRED TO]
SANJIV KUMAR PATEL VS. JANPAD PANCHAYAT [LAWS(MPH)-2002-1-4] [REFERRED TO]
YOGENDRA KUMAR GANGRADE VS. MUNICIPAL CORPORATION KHANDWA [LAWS(MPH)-2001-11-57] [REFERRED TO]
STATE OF UTTAR PRADESH VS. GIRISH BIHARI [LAWS(SC)-1997-2-100] [DISTINGUISHED]
BHOMRAJ VS. STATE [LAWS(RAJ)-1994-5-25] [REFERRED TO]
HARYANA STATE COOPERATIVE LAND DEVELOPMENT BANK CHANDIGARH VS. SUNIL DUTTA [LAWS(P&H)-1999-12-158] [REFERRED]
BHOM RAJ VS. STATE [LAWS(RAJ)-1994-3-19] [REFERRED TO]
ANANDSHANKARPRASAD VS. STATE OF BIHAR [LAWS(PAT)-1992-12-1] [REFERRED TO]
Kishori Dusadh VS. State of Bihar [LAWS(PAT)-1992-8-25] [REFERRED TO]
STATE OF MADHYA PRADESH VS. SHYAMA PARDHI [LAWS(SC)-1995-11-6] [DISTINGUISHED]
UNION OF INDIA VS. RATI PAL SAROJ [LAWS(SC)-1998-2-97] [DISTINGUISHED]
RAJA RAM MAURYA VS. U P RAJYA KRISHI UTPADAN MANDI PARISHAD LUCKNOW [LAWS(ALL)-1998-1-77] [REFERRED TO]
BIRJESH KUMAR VS. DISTRICT CANE OFFICER BIJNOR [LAWS(ALL)-1993-11-54] [REFERRED TO]
SHIV PRATAP SINGHS VS. CHAIRMAN TOWN AREA COMMITTEE KISHNI MAINPURI [LAWS(ALL)-1997-10-101] [REFERRED TO]
ASHOK KUMAR VS. STATE OF U P [LAWS(ALL)-2015-4-427] [REFERRED TO]
KUSUM RANI VS. D I O S ALLAHABAD [LAWS(ALL)-2003-9-155] [REFERRED TO]
SOHAN LAL SINGH MISHRI LAL SINGH VS. BASIC EDUCATION BOARD [LAWS(ALL)-2004-1-38] [REFERRED TO]
PATEL KAUSHIK KUMAR JETHABHAI VS. SABARKANTHA DISTRICT PANCHAYAT [LAWS(GJH)-2008-5-89] [REFERRED TO]
SEEMABEN BABUBHAI NINAMA VS. STATE OF GUJARAT & 3 [LAWS(GJH)-2015-11-111] [REFERRED]
RAM DULARE AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2010-8-567] [REFERRED TO]
KALINDI PANDEY VS. STATE OF U P [LAWS(ALL)-2012-12-168] [REFERRED TO]
YOGENDRA AND ANOTHER VS. DIRECTOR OF ANIMAL HUSBANDRY AND OTHERS [LAWS(ALL)-2012-9-321] [REFERRED TO]
AJIT BURAGOHAIN VS. STATE OF ASSAM [LAWS(GAU)-2021-11-62] [REFERRED TO]
SUSHIL KUMAR VS. INDO TIBETAN BORDER POLICE FORCE [LAWS(MPH)-1993-2-29] [REFERRED TO]
Sunder Lal VS. State of M.P. [LAWS(MPH)-1997-2-45] [REFERRED TO]
SANGAMLAL SHUKLA VS. STATE OF M.P. [LAWS(MPH)-1999-11-64] [REFERRED TO]
KRIPA SHANKAR TIWARI VS. STATE OF M P [LAWS(MPH)-2003-2-67] [REFERRED TO]
VIJAY SINGH YADAV VS. STATE OF M P [LAWS(MPH)-2009-12-66] [REFERRED TO]
RAJ KUMAR MEHRA VS. STATE OF M.P. [LAWS(MPH)-2013-10-60] [REFERRED TO]
MAHESH SINGH VS. DISTRICT CO OP LAND DEVELOPMENT BANK [LAWS(MPH)-2000-5-56] [REFERRED TO]


JUDGEMENT

KULDIP SINGH - (1.)SPECIAL leave granted.
(2.)THE appellants, who are 175 in number, were appointed as Assistant Teachers by the District Superintendent of Education. Dhanbad, by an order dated 28/05/1988. Before joining, they were supposed to get their certificates and other qualifications verfied from the authorities. THEy were to join the specified schools by 4/07/1988. THE appellants assert that they had joined their respective schools but this fact is denied by the State.
By an order dated 2/11/1988, 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 3/11/1988 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.

The appeals are dismissed accordingly with no order as to costs.

Contempt Petition No. 92/90:

(3.)IN view of our order, the contempt petition has become infructuous and is accordingly dismissed.Appeals and contempt petition dismissed.
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