Awadh Bihari Singh And Others v. State Of Bihar And Others

1. It is not necessary to state the detailed facts and various legal submissions raised by the appellants before the High Court as we are inclined to allow this appeal on the short ground that before passing the impugned order dated February 8, 1991 to the detriment of the appellants they were not afforded an opportunity of being heard by the respondents

2. The appellants are working as Agricultural Inspectors (sic or) equivalent posts in the service of the State of Bihar. By an order dated January 28, 1988 the posts held by the appellants were upgraded and were brought under the Bihar Agricultural Service Class-II. It is not disputed that with effect from January 28, 1988 the appellants were treated as Class-II officers and were also paid the higher salary of Class-II service

3. On February 8, 1991 the State of Bihar issued the impugned notification downgrading the posts held by the appellants and as a consequence reducing the emoluments which they were drawing as Class-II Officers. It is not disputed that before issuing the said notification no opportunity was afforded to the appellants. The notification dated February 8, 1991 is on the face of it to the detriment of the appellants, inasmuch as the posts held by them were downgraded and their emoluments were reduced

4. We set aside the notification dated February 8, 1991 and direct the State of Bihar to issue a show-cause notice to the appellants, if they so desire, stating therein all the material on the basis of which it is proposed to downgrade the posts held by the appellants. Mr B.B. Singh, learned counsel for the State of Bihar states that the show-cause notice shall be served on the appellants within two months from today. The appellants shall file a reply to the show-cause notice within one month thereafter. We further direct the State of Bihar to finally decide the matter by a speaking order within six months from today

5. We make it clear that the appellants shall not be entitled, ipso facto to the back wages as a consequence of our order. In case, the State Government ultimately decides the matter in favour of the appellants then they would be entitled, to the back wages which shall be paid to them within a reasonable time

6. We allow the appeal in the above terms. No costs.