Deciding Appeal Based On Report By Authority Whose Decision Itself Is Under Challenge Amounts To Violation Of Natural Justice: Patna High Court

The Patna High Court has directed a fresh inquiry in a case concerning the removal of an Anganwadi Sevika, observing that deciding an appeal based on a report from the authority whose decision itself is under challenge violates the principles of natural justice.Justice Dr. Anshuman, presiding over the case observed, “Upon hearing the parties and going through the pleadings, it transpires to this Court that the original order has been passed by the District Programme Officer, Buxar which has been challenged before the District Magistrate, Buxar. The District Magistrate, Buxar prior to passing the final order has called for a report from the District Programme Officer, Buxar himself whose order is under challenge before the District Magistrate. The development of such type of situation in view of the Court has examined the decision as per the doctrine of bias as well as the doctrine of violation of natural justice.”“In the opinion of this Court, the District Magistrate at the time of hearing of appeal must have enquired from any person other than those whose order is under challenge before him,” Justice Anshuman added.The above ruling came in a writ petition filed for quashing an order passed in an Anganbari Appeal by the District Magistrate, Buxar by which the Appellate Court confirmed the order passed in a Complaint Case by the District Programme Officer, I.C.D.S., Buxar whereby the petitioner was removed from the post of Anganbari Sevika.The counsel for the petitioner submitted that the petitioner was a poor lady and had been working on the post of Anganwadi Sevika since 1990 and during the aforesaid period, there was not a single complaint against her. Furthermore, it was submitted that the appellate decision egregiously disregarded principles of natural justice, as the District Magistrate rendered the decision based solely on a report from the District Programme Officer, Buxar, who had initially ruled against the petitioner. Notably, no input was sought from other relevant individuals apart from those associated with the original decision contested by the petitioner.The counsel for the State submitted that the petitioner may be appointed in the year 1999 but the inspection was made in the year 2017 when the Rule of 2016 was in existence and according to the said rule, the District Magistrate is the appellate authority and his order is final and therefore, there was no need to any interference.Accordingly, the Court set aside the order passed in the Anganbari Appeal by the District Magistrate, Buxar, and directed the District Magistrate, Buxar to pass a fresh order in the matter after conducting an enquiry from a person other than the District Programme Officer, Buxar within 90 days from the date of production of a copy of the order.With the aforesaid observation and direction, the writ petition was disposed of.Appearance:Advocate for the Petitioner: Mr. Bachan Jee OjhaAdvocate for the Respondents: Mr. Sunil Kumar MandalCase no.: Civil Writ Jurisdiction Case No.1605 of 2019Case Title: Rita Devi v The State of Bihar & Anr.LL Citation: 2024 LiveLaw (Pat) 26 Click Here To Read The Judgement

Deciding Appeal Based On Report By Authority Whose Decision Itself Is Under Challenge Amounts To Violation Of Natural Justice: Patna High Court

Bhavya Singh

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