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july 2009

Supreme Court of India · 2009-07-14

Prakash Ratan Sinha vs State Of Bihar & Ors

Citation / case number
AIRONLINE 2009 SC 302
Court
Supreme Court of India
Petitioner
Prakash Ratan Sinha
Respondent
State Of Bihar & Ors
Author
H.L. Dattu
Bench
H.L. Dattu, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the order of the Chief Electrical Engineer dated 11.12.1998, which cancelled the earlier order changing the appellant's nomenclature from daily wager to Accounts Clerk, is subject to judicial review under the principles of natural justice as enshrined in Articles 14 and 21 of the Constitution of India. The Court emphasized that administrative decisions by state instrumentalities must adhere to the doctrine of equality and fair play, and that the denial of a hearing could be challenged if it results in civil consequences. The Division Bench's ruling that a hearing would have made no difference was found to be insufficient justification for bypassing natural justice principles, leading to the appeal being allowed in favor of the appellant.

Prakash Ratan Sinha vs State Of Bihar & Ors · Niyam