In Smt. Archana Kumari vs. The State of Bihar through its Secretary Education Department, Govt. of Bihar, New Secretariat, Patna & Ors. (2025), Justice Purnendu Singh delivered a 6-page long judgement dated June 16, 2025 wherein, he concluded:"I also find that there has been gross violation of principle of natural justice. It is admitted that before termination order dated 15.11.2022 has been passed, no opportunity has been given to the petitioner. On this ground also, the order contained in Memo No.669 dated 15.11.2022 is fit to be set aside and quashed...." There were six other respondents including The Director Primary Education, Education Department, Govt. of Bihar, Patna, District Magistrate, Vaishali, District Education Officer, Vaishali, District Programme Officer, (Establishment), Vaishali, Block Development Officer, Bhagwanpur, Vaishali and Block Education Officer, Bhagwanpur, Vaishali.
The petitioner had prayed quashing "the memo no.669 dated 15.11.2022 issued by the Executive Officer cum Block Panchayati Raj Officer, Panchayat Samiti, Bhagwanpur (Vaishali) whereby and whereunder the petitioner was terminated from service with immediate effect on the ground she was working on the basis of Madhyama Visharad certificate issued from the Hindi Sahitya Sammelo Allahabad. She also sought direction from the Court to the respondent authority to reinstate the petitioner in service with all consequential benefits.
According to the State that the main issue involved in the present writ petition was the validity of the Madhmya Visharad degree obtained by the petitioner from Hindi Sahitaya Sammelan, Allahabad.
Justice Singh recorded that there was violation of Section 14 of Bihar State School Teachers and Employees Disputes Redressal Rules, 2015 by District Education Officer, Vaishali who acted in a mechanical manner.
Justice P.N. Bhagwati has defined it as "fair play in action". The right to hearing encompasses the following concepts within its ambit:
- Right to notice
- Right to present case and evidence
- Right to rebut adverse evidence
- Right to cross-examination
- Right to legal representation
- Disclosure of evidence to the party
- Showing the report of enquiry to the other party
- Reasoned decisions or speaking orders
Therefore, pre-decisional hearing is one of the standard and essential rules of Audi Alteram Partem. But, it would be wrong to disregard the status of the post-decisional hearing. Post-decisional hearing is also a justiciable rule as it affords the hearing opportunity to the aggrieved person and is a better option than no hearing (I.P. MASSEY, ADMINISTRATIVE LAW (Eastern Book Company 2022).. However, it is pertinent to note that a post-decisional hearing must be considered an exception rather than a rule.
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