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

Factual and Procedural Background

The appellants were working as Agricultural Inspectors (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 brought under the Bihar Agricultural Service Class-II. From that date, the appellants were treated as Class-II Officers and were paid the higher salary applicable to Class-II service.

On February 8, 1991, the State of Bihar issued a notification downgrading the posts held by the appellants, which resulted in reduction of their emoluments. It was not disputed that before issuing this notification, the appellants were not afforded an opportunity of being heard. The present appeal challenged the High Court’s impugned order dated February 8, 1991; the court allowed the appeal on the limited ground of denial of an opportunity of hearing before an adverse action.

Legal Issues Presented

1. Whether the State of Bihar could downgrade the appellants’ posts and reduce their emoluments by notification dated February 8, 1991 without affording the appellants an opportunity of being heard, despite the action being to their detriment.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court expressly declined to set out detailed facts and the various legal submissions made by the appellants before the High Court because it was inclined to allow the appeal on a short ground: before passing the impugned order/notification dated February 8, 1991 to the detriment of the appellants, they were not afforded an opportunity of being heard.

The court treated it as undisputed that (i) the appellants’ posts had been upgraded to Class-II with effect from January 28, 1988 and they had been receiving Class-II emoluments, and (ii) the notification dated February 8, 1991 downgraded their posts and reduced their emoluments, and (iii) no opportunity was afforded to the appellants before issuing the notification. Since the notification was “on the face of it” detrimental to the appellants, the court set it aside and required the State to proceed only after issuing show-cause notice and passing a speaking order within the specified timeline.

The court additionally clarified that setting aside the notification would not, by itself, entitle the appellants to back wages. Back wages were made contingent on the State Government ultimately deciding the matter in the appellants’ favour.

Holding and Implications

ALLOWED; NOTIFICATION SET ASIDE: The court set aside the State of Bihar’s notification dated February 8, 1991.

Directions and consequences:

• The State of Bihar was directed to issue a show-cause notice to the appellants (if the State so desires to pursue downgrading), setting out all material forming the basis of the proposed downgrading.
• As stated by counsel for the State, the show-cause notice would be served within two months from the date of the order.
• The appellants were directed to file their reply within one month thereafter.
• The State of Bihar was directed to finally decide the matter by a speaking order within six months from the date of the order.
• The appellants were not entitled, ipso facto, to back wages due to the court’s order; back wages would be payable only if the State ultimately decided in their favour, and then within a reasonable time.
• No costs were awarded. The opinion does not indicate that any broader legal precedent was laid down beyond the direct effect of requiring an opportunity of hearing before passing an adverse order.