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2004 DIGILAW 1148 (SC)

HEM KANT JHA v. State Of Bihar

2004-09-03

ARUN KUMAR, RUMA PAL

body2004
ORDER 1. LEAVE GRANTED. 2. THESE SPECIAL LEAVE PETITIONS HAVE BEEN FILED BY PERSONS WHO HAD BEEN EMPLOYED IN THE POLICE DEPARTMENT IN THE STATE OF BIHAR AS CONSTABLES. THEIR SERVICES WERE TERMINATED BY A SERIES OF ORDERS. THESE ORDERS OF TERMINATION WERE CHALLENGED BY SEVERAL WRIT PETITIONS. SOME OF THE WRIT PETITIONS WERE HEARD AND DISPOSED OF BY A LEARNED JUDGE WHO IS ALSO A PARTY TO THE DECISION ON THE APPEAL PREFERRED BY THE APPELLANTS FROM HIS DECISION. THIS IS ENTIRELY UNACCEPTABLE. IT GOES WITHOUT SAYING THAT A JUDGE WHO HEARS AND DECIDES A MATTER WHILE SITTING SINGLY SHOULD NOT PARTICIPATE IN ANY MANNER WHATSOEVER IN THE APPEAL FROM HIS ORDER. THE DECISION OF THE DIVISION BENCH IS SET ASIDE ON THIS GROUND ALONE AND THE MATTER IS REMANDED BACK TO THE HIGH COURT FOR BEING HEARD AND DISPOSED OF BY A BENCH OF JUDGES WHO HAD NOT DEALT WITH THESE WRIT PETITIONS SITTING SINGLY. THE HIGH COURT IS REQUESTED TO DISPOSE OF THE APPEALS AS EXPEDITIOUSLY AS IS CONVENIENTLY POSSIBLE. 3. THE APPEALS ARE DISPOSED OF ACCORDINGLY. 4. THE IAS ARE TREATED AS INFRUCTUOUS AND NO ORDERS ARE PASSED THEREON.