CIVIL REVIEW No.210 OF 1999 Against the order dated 21st of May 1999 passed by Division Bench of this Court in CWJC No. 8849 of 1989; -------- BINOD KUMAR JHA,SON OF SRI SURENDRA NATH JHA, RESIDENT OF SAMHO, P.S. SAMHO, DISTRICT BEGUSARAI, AT PRESET RESIDING AT MOHALLA MANDIRI, P.S. BUDHA COLONY IN THE TWO AND DISTRICT OF PATNA--------------------PETITIONER Versus 1.THE STATE OF BIHAR 2.BIHAR STATE COOPERATIVE MARKETING UNION LTD., HAVING ITS MAIN OFFICE AT BICOMAUN BHAWAN, GANDHI MAIDAN, P.S.GANDHI MAIDAN, DISTRICT- PATNA. 3.ADMINISTRATOR, BIHAR STATE CO-OPERATIVE MARKETING UNION LTD. BISCOMAUN BHAWAN, GANDHI MAIDAN, P.S. GANDHI MAIDAN,PATNA---RESPONDENTS For the petitioner:Dr.Sadanand Jha,Senior Advocate For The Respondent :Mr.Rajesh Pd.Choudhary,Advocate P R E S E N T THE HON'BLE MR. JUSTICE CHANDRAMAULI KUMAR PRASAD THE HON'BLE MR. JUSTICE DR. RAVI RANJAN Prasad & Ranjan,JJ:- Writ petitioner-appellant aggrieved by the order dated 21st of May 1999 passed in CWJC No. 8849 of 1989, dismissing the writ petition has preferred this review application. Aggrieved by the order of termination from service dated 17.7.1989 as an Accountant of Bihar State Co-operative Marketing Union Limited, he preferred the writ application. 2 The Division Bench on the basis of the materials placed on record came to the following conclusion:- “So far as the present case is concerned, there was no sanctioned post of Accountant. The appointment was made without following the procedure prescribed for appointment. It also appears that the very basis of the claim of appointment of the petitioner is based on forged and fabricated document. The petitioner was appointed on a purely temporary basis and it is well settled that in case of termination simpliciter of the temporary employee, neither Article 311 is attracted nor principle of natural justice requires any notice before termination of such service. It is equally well-settled that if service an employee is terminated as a measure of punishment or termination casts stigma, then in that case, the order cannot be passed without giving an opportunity of hearing to the person concerned as the same will contravene article 311 of the Constitution as well as the principle of natural justice.” In this review application, Dr. S.N.Jha, Senior Advocate, appearing on behalf of the appellant contends that before passing the order of termination the writ petition ought to have been given an opportunity of hearing. In support of the submission, reliance has been placed on a Full Bench decision of this Court in the case of Rajendra Prasad Sah Vs.State of Bihar (2000(4) 3 PLJR 273) and the judgment of the Supreme Court in the case of Subodh Kumar Prasad Vs. State of Bihar (2001(10)SCC 282). Mr. Rajesh Kumar Choudhary, appears on behalf of respondent nos.2 and 3 and contends that the finding arrived at by the Division Bench, there was no necessity of giving any notice to the writ petitioner. Having appreciated the rival submission, we do not find any substance in the submission of Dr. Jha and the decisions relied are absolutely misconceived. The Division Bench on consideration of the materials on record, found that the writ petitioner was appointed on unsanctioned post. The appointment was made without following the procedure prescribed for appointment. Not only this appointment was on a purely temporary basis and termination not by way of punishment or casting stigma. Further the very basis of the claim of appointment was found to be forged and fabricated. Principle of natural justice is not a unruly horse and its application depends upon the facts and circumstances of each case. In the background of the aforesaid facts, we are of the opinion that the principle of natural justice is not remotely 4 attracted and the order of termination cannot be held to be bad only on the ground that no notice was given. We are of the opinion that no error apparent on the face of the record exists so as to call for review of the impugned order. We do not find any merit in the application and it is dismissed accordingly, but without any order as to cost. (Chandramauli Kr.Prasad,J.) (Dr.Ravi Ranjan,J.) Patna High Court Dated the 20th of November,2008 A.Kumar/NAFR