#Opportunity to defend

[seemabhatnagar]

High Court of Patna Reinstates Natural Justice, Awards Rs. 5 Lakhs Compensation for Wrongful Termination

The Appellant was not served with a show cause notice to defend herself violates the principles of Natural Justice hence High Court of Patna Quashed the Termination order of the Aganbari Sewika.

The termination was made solely on the grounds of pending criminal charges and the appellant was acquitted of the criminal charges therefore it is deemed inappropriate when she is acquitted.

Since the third-party interest was already created hence reinstatement was not feasible. The Court balanced the need for justice for the appellant by directing compensation instead.

Shubhadra Kumari v. The State of Bihar and 6 others

Letters Patent Appeal 828/2019

Before the High Court of Patna

Heard by Hon'ble Mr. Justice P B Bajanthri & Hon'ble Mr. Justice Alok Kumar Pandey J

Fact:

Shubhadra Kumari, was selected as an Anganbari Sevika in 2003. She was implicated in a criminal case in 2013, as such she was terminated in 2014 by the District Programme Officer (DPO) of Nalanda. Her termination was upheld by the Deputy Director (Welfare) of Patna Division in 2014. Subhadra Kumari-appellant challenged this decision before the High Court through a writ petition, which was dismissed by a Single Judge in 2019, leading to the present appeal.

Legal Issue:

Whether the termination of Shubhadra Kumari from the post of Anganbari Sevika was justified?

Points of Argument

Argument by the Appellant's Counsel:

The appellant had undergone training and had been discharging her duties satisfactorily since 2003, with no complaints regarding her absence before the criminal case.

Prior to the criminal case, she was ill and hospitalized, which justified her absence from work.

She was acquitted of the criminal charges in 2018, which should negate the basis for her termination.

The termination was carried out without serving a show-cause notice, without following proper procedures, and without giving her an opportunity to defend herself.

The termination was abrupt and lacked a proper inquiry, violating the principles of natural justice.

Respondents (State of Bihar and Others):

The termination was based on an inquiry report and due to her continuous absence from duty.

A notice was issued directing the appellant to appear and explain her absence, which could not be served due to her absence.

Given the serious nature of the criminal charges against her, the termination was deemed appropriate.

The termination was affirmed by the superior officers, indicating procedural correctness.

Court’s Observations:

No notice was served on the appellant, which is a violation of the principles of natural justice.

The court emphasized that both quasi-judicial and administrative actions must follow the principles of natural justice, ensuring fair procedures and avoiding arbitrary actions.

The court referred to Supreme Court judgments (D.K. Yadav vs. J.M.A. Industries Ltd. and State Bank of India vs. Rajesh Agarwal) that highlighted the necessity of fair play and reasonable procedures in administrative actions.

The court found that the termination was not justified solely based on the criminal charges, since the appellant was later acquitted.

[ameliadoesstuff]

personally i think we're all doomed no matter the end result but place your bets now people

[emiliaromagnagp]

„i welcome max being as aggressive as possible to lando”

[haenels]

rio hates ghosts because she cant physically do anything to evanora to keep her from hurting agatha 😭

[dr-robert-chase-apologist]

when you're watching House and the patient has your diagnosis:

[stop-breaking-my-heart-dragonage]

I said I wasn't going to get started on the topic of Aveline ruining Carver's chances with the guard but I lied okay, it's Carver Hawke defense hours.

Here's the thing; it doesn't matter if you believe Carver was or wasn't fit for the guard. That's a different debate that I'll get to. What matters is Aveline's in no position to tell the guard not to accept his application. Why does she think that's her right to judge whether or not he's fit?

Carver should've had the chance to prove himself one way or another. If it turns out he's not a good fit, then let him fail. Let him learn from it.

"Oh but failure could mean lost lives-"

Aveline doesn't get to talk shit about failure and the people. Plenty have died on her watch yet she still believes she's a good guard and Guard-Captain.

"maybe Aveline's protecting him, Carver could die while on patrol-"

Carver could die working in the Bone Pit, or serving as a templar, or when he's running around with Hawke. Carver could trip and fall down a set of stairs and die. In fact, he can die in the Deep Roads, somewhere he wouldn't have to go if the Hawke's weren't desperate.

Either Carver fails as a guard, or more likely, he succeeds and proves himself worthy of it.

But let's be real, Carver probably kept getting rejected due to being a Fereldan with a past of smuggling/mercenary work and Aveline only reaffirmed the decision, either because they asked her what she thought or she stuck her nose in unprompted.

But what irritates me is that she admits to telling them not to accept his application, and then has the balls to call Carver too proud to take up a trade or find another line of work.

Carver tells her, "And who would take on a Fereldan apprentice? Maybe in another year I could work my way up to pissboy." He has a good point here. Aside from the guard, the only other place Carver could work and use his skillset is with the Templars. Or go back to mercenary/smuggling work.

And Aveline doesn't even have a real answer for him. No suggestions, no encouragement, nothing. Just "Fine, let's crawl down some holes. Good bloody luck for your sake."

Also, if you do the Mark of the Assassin DLC in Act 1-

Aveline: You should see if any of the noblemen are looking for new men-at-arms. Carver: Are you trying to get rid of me? Aveline: It's a role with some autonomy. A good fit with your training and... tendencies. Carver: After serving King Cailan? You want me to suffer some poncy git who needs two servants to wipe his own ass? I'll find my own way, thanks. Aveline: I wish you would.

You wish he would?? Aveline, he was trying to find his way into the guard, a position he'd make a good fit for, and you helped deny him of it because YOU didn't think he would be good enough, I just-

If I haven't made it clear yet, I firmly believe that Carver would've made a great guard. He wants to help people, to be a protector. He's loyal, and despite what Aveline claims, he can follow orders and take his duty seriously. We see him do incredibly well with the Grey Wardens, after all. If he were a guard, he wouldn't have to go down into the Deep Roads with Hawke, and I think he would've been okay with that! He's so hurt and bitter when you leave him behind because that effectively tells him, "I don't need you." Carver's spent the whole first act telling you he wants to go on the expedition aka that he wants to be needed.

But if he were a guard, he would be needed elsewhere. He'd be in training as a recruit. He'd look after Leandra while you go. He wouldn't be backed into a corner with no income and only the templars left as his chance at forging his own path and providing for his family.

He doesn't get that opportunity, though.

By the way, if he becomes a warden, you can get this banter:

Aveline: I'm glad you found a place with the Wardens. Carver: Well, it's not the city guard, but it'll do. Aveline: Carver... it wasn't the place for you. Carver: No, it's all right. It is. It cost a lot, but I get it. I really was a bit of a tit those days, wasn't I? Aveline: Well...

This banter makes me want to scream.

Aveline's just... she's so insistent that she's right. She's someone who will double down rather than entertain the idea that she's wrong and it's not just with Carver and the guard, it's with everything. The "my beef with Aveline" list gets longer and longer every time I replay da2, I swear.

Say what you will about Carver, whether you think he would've been a good fit or if Aveline's right and it wasn't for him, he was denied a chance and it cost him so much in the end. He either dies, or he joins the templars where he deals with Chantry's bullshit trying to brainwash him with "mages aren't people" and "magic is a cancer in this world", or he's infected with the blight and becomes a Grey Warden, forced to serve the rest of his life fighting darkspawn, tormented by voices and nightmares.

I will never not be bitter about this.

[persona-brainrot-real]

It is once again “why didn’t they let ryuji have any empathy for yusuke” era. Nothing like a game establishing that both of them have abusive/neglectful/awful dads and then instead of ryuji trying to connect with yusuke and show him that madarame is abusing him, he just gets angry at him?? For what????? Why???? There was so much potential

[brittany-and-lewis]

brocedes collage

[hedgehog-moss]

The way Marine Le Pen cynically and relentlessly exploits every issue makes me want to throw up. She's all over this one, happy for the opportunity to side with her fellow far-right piece of shit politicians in Israel under the guise of caring about Jewish people, and denouncing the left for 'supporting Hamas'—which, yes, 1 far-left party made an inexcusable statement in that regard and it's not like there isn't antisemitism on the left, but still it boggles the mind to have Marine Le Pen smugly posturing as a moral authority on the matter, "these leftist hypocrites don't care if Jews die, unlike me and my fascist party funded by my Holocaust denialist father who speaks fondly of the Gestapo" CLOWN WORLD

[miaoqing]

actually you know what pisses me off even more than people making excuses for shen jiu????!!! people making excuses for shen jiu AND THEN turning around and criticising BINGHE!!!!!!!

[leonspretty]

windows of opportunity

in which lance is a disaster romantic and misses every opportunity to ask you out

masterlist

pairing: lance x reader

tags: fem! reader, disaster romantic lance, blue paladin lance, oblivious reader, oblivious lance too, reader isn't a paladin she just, like, helps(?), very very tiny bit of angst, happy ending, fluff, mutual pining, flirty banter, no use of y/n, lance calls reader ‘pretty’ as a nickname, cheeky little taylor swift reference if you squint.

notes: as a huge hopeless romantic, missed opportunities with a happy ending and mutual pining but thinking the other doesn't reciprocate is my obsession. i also know i said the first one would be keith but then i thought of this and it fit lance more i think.

wc: 2.3k

“Rise and shine, work hard, carve out your name, Take aim, pull the trigger, hit the bulls eye for fame, Know the value of faith, an' family, and don't you complain, Open wide, your windows of opportunity" — Kate Denson's "Windows of Opportunity”

To say that Lance liked you was an understatement. He was obsessed. Not crazy obsessed, but obsessed in the way that you consumed his every thought.

Luckily this didn't extend to during fights, but even then he would still be acutely aware of where you were at all times, making sure he could hear your voice over the comms, often talking over Coran just to flirt with you.

You were no different. Having known Lance since before joining the Garrison, your feelings for him have come and gone repetitively. Each time you'd confide in Pidge, declaring that you were over him after seeing him treat someone else the same way he treats you, claiming that he'd only ever see you as a friend, he'd do something that would make you retract anything bad you'd ever said about him.

Yours and Lance's feelings were obvious to everyone and it bewildered them how you both thought they were one sided.

The kitchen was quiet, Hunk, Keith and Pidge holding conversation while each did their own thing: Hunk baking, Keith tracing his blade and Pidge on her computer. Peaceful.

"What if I say something and she thinks I'm weird and never talks to me again?"

Keith and Pidge immediately groaned while Hunk remained silent, watching as Lance walked past all three of them, interrupting their conversation and train of thoughts. He threw himself onto a chair at the table across from Pidge who had already gathered her things and gotten up to leave. "Nope, not dealing with this again," she said as she left.

"She already thinks you're weird, I'm surprised she still puts up with you," Keith says from the spot next to where Pidge was. Lance glared at him in response, ignoring him.

"I think you should just try. If her face when she looks at you is anything to go off, I'm pretty sure she likes you too." It was a usually useless statement that was many times returned with "You're lying," or "I would've noticed." This time however, Lance turned to face Hunk and instead said,

"I was on my way to ask her out just now but she was training with Shiro and was in a zone and I didn't wanna disrupt that cause- where are you going?" Lance cut his rant off with a question directed at Keith who was leaving the kitchen.

"To train," was all he replied with.

"So you're finally going to do it? Why are you in here then?" Hunk asked.

"Yeah I am. I'm sick of wondering if she feels the same so I'm just gonna ask. I've never had a problem with it before so why should I now?"

From there, Lance vowed to himself that he would ask you out as soon as possible. He didn't want to spend any more time not being able to call you his than he had to.

You heard your name being called from down the corridor as you made your way to the showers. Training with Shiro was one thing, training with Shiro and Keith was another when you weren't out in the field anywhere near as often as them. It also didn't help how Keith had mentioned he had come to you two to escape Lance's apparent rambling about you. It had thrown you off and to make up for it and stop Shiro's teasing, you had put even more effort in than you normally would.

Turning around, you saw Lance running to catch up to you. Despite wanting to turn and make a run for it to the showers to avoid any embarrassment, you stopped and waited for him to meet you.

Huffing slightly, Lance met up with you and stopped to take you in. You were beautiful. Even when you were clearly sweaty and exhausted. He had to shake his head slightly to keep his thoughts from turning dirty. "Finished training?"

"Yeah, was just heading to the showers, wanna join me?" you said with a smirk, knowing that your question could be taken a couple different ways.

Recognising your signature smirk you used whenever the two of you would 'harmlessly' flirt, Lance played along. "Of course."

"Was there something you wanted to talk to me about?" Lance froze up briefly. He had wondered if Keith had overheard him say that he was going to ask you out and had opened his big mouth to you. You quietened his thoughts by following up with, "You look like you wanna say something. If its to tell me I smell, I know, Shiro and Keith are not easy opponents."

"Yeah you do stink, but I hope you kicked Keith's ass." Lance joked. "Anyway, I just wanted to ask you the best way to ask someone out." Your smile dropped for a second before replacing it with a forced one. You knew he didn't like you and he wasn't yours to lose so why should you keep someone else from experiencing what you could only dream about.

"Oh, well, it depends who it is. Personally, I like when it's done in a way that shows the person really knows me, like with trinkets or using inside jokes as a way of showing their feelings rather than just saying it. Allura though, she'd probably like to be taken somewhere nice, so when you ask her out maybe do it on a planet with a nice skyline or sunset or something." You knew it had to be Allura he was planning to ask out. He'd been flirting with her ever since you all met her. It was only a matter of time. You felt the unwanted tears build up - you had to get away, and fast. "Oh look, we're at the showers, thanks for walking with me and good luck on asking Allura, I'm sure she'll say yes." You were out of sight in seconds.

Lance stood facing the door speechless and confused. Where did Allura come into this? Why were you so quick to leave? He had only asked how to ask someone in hopes to lead up to him actually asking but instead his window of opportunity had closed before he even let it open.

His next window was clear. He had his speech planned out, knew exactly what he wanted to say and how. Now was the perfect opportunity. You were the only one on the bridge, sat in his seat seemingly just relaxing. Why you were doing that here instead of in the lounge he didn't know but he decided to ask later.

You hadn't noticed Lance's presence until you head a "Quiznack" be muttered under his breath as he tripped over his own feet, luckily managing to catch himself. You sat up and turned to face him. "Finally falling for me, Sharp-shooter?" you joked, internally cringing at the use of the word 'finally'.

If Lance had noticed your slip up, he didn't mention it. Instead, he rounded to the front of the chair you were in and dropped to sit on the floor facing you. "You wish. No. I just wanted to talk to you about something."

"How did it go with Allura?" Truthfully, you didn't want to know, but you were sure you'd hear about it from one of them soon enough so why not get it out of the way.

"How did what go with Allura?" The confusion on his face was obvious.

"You were gonna ask her our remember? You literally asked me how to do it like two days ago." You mirrored Lance's confusion.

"Oh." Silence. "Oh! No! I wasn't planning to ask her out! I actually wanted to ask you-" his voice, which was already turning very quiet was cut off by you sitting up and squinting at the window.

"What was that?" You asked yourself aloud. Lance mistook that as a question for him.

"I said-" he was cut off again when you quickly got up and ran to the window.

"Quiznack!"

"What?"

"Alert everyone. Get to your lions. Now."

At that, Lance looked outside to see multiple Galra ships appearing. He groaned internally. To you the groan was about having to go out and fight. For him, the groan was because yet another window of opportunity had shut.

Keith really just wanted to lay down. Not necessarily sleep as that had never come easy to him, but he was exhausted. Instead he had to listen to you whine about how Lance doesn't share your feelings. When he had asked why you were coming to him about this you had said that everyone who wasn't Lance was busy and she didn't want to bother them. At that moment he wished you hadn't found him sat in the lounge. As much as he cherished you as a friend, he was quite frankly sick of hearing about Lance. When there was a knock at the door of his room, of which you had followed him into and immediately flopped onto his bed mid rant, Keith rolled his eyes and opened it. He was glad it had at least got you to be quiet since you also wondered who it was.

"Hey have you seen, oh hi pretty, Keith have you seen-" Lance stopped talking. When he'd said hi, he wasn't thinking, it was natural instinct. When he realised you were laid out on Keith's bed, his brain caught up to his mouth.

You, on the other hand, were blushing. It wasn't the first time Lance was calling you pretty. In fact it's what he called you 90% of the time. But it was the timing. You had just been complaining about how he doesn't think of you except from if he has to or if you're talking with him then he calls you pretty, offhanded. You were going insane.

"What's up?" Keith asked Lance, aiming a sly smirk at you as if he could tell you were going crazy over both seeing the person who was the main character of your rant and at the name said person had called you.

"Actually I was looking for her but if you guys are busy..."

Keith took this opportunity to both get rid of you so he can lie down and also get back at you for talking his ear off. "No, no, please, take her, I'm sick of hearing about you."

Lance ignored Keith's comment, turning to you, "Can we talk?"

Your eyes went wide as you sat up, your heart immediately dropping. Had you done something wrong? Had he overheard you talking about how much you liked him? Was this the end of your guys's friendship? You'd rather have him as a friend than nothing at all. You just nodded and said bye to Keith as you left his room.

The door closed within milliseconds of you leaving the room. It was just you and Lance now. Alone. "Come on," Lance smiled and started walking to his room.

Arriving in his room, Lance's nerves began to pick up. This was his chance. Again. He promised to himself that this is it. He wasn't going to let another interruption keep him from telling you how he feels.

Being in his room alone with him was nothing new, so why did you feel so nervous. "Come sit down, pretty." Lance patted the spot next to where he had just sat on his bed. You plastered a smile on your face and sat down.

"What's up? You never ask to talk, you usually just... do."

Lance let out a snort at that, giving you a pointed glance. "Oh and you don't?"

"I never said that."

The light hearted joking relaxed you - it's what you were used to between the two of you.

Your previous nerves about what Lance had to say dissipated as the two of you continued to joke together a little longer.

"Lance. You didn't come find me just to hang out. I know you. What's up?"

He had been putting it off, nerves creeping up the closer he came to confessing and so he sought comfort in your company as it was. Lance nodded and cleared his throat, turning to look in your eyes. "Every time I've tried to talk to you about this, something interrupts me: you rushing off to the showers, then the galra finding us. And then you thought I asked Allura out which is crazy because yeah she's-"

"Lance." You cut him off, not wanting to hear about how the princess of Altea was perfect and dreamy. "Come on."

"As I was going to say, before someone rudely interrupted, again-"

You laughed and stuck your tongue out at him quickly and jokingly.

"Hey! Anyway, yeah Allura is cool, I mean, she's a princess. But she isn't you." He paused, but realised how that could be taken, he continued, "I don't want Allura... I want you pretty girl. And it has taken me way too long to finally tell you. There have been so many missed windows of opportunity, and I refuse to miss any more. It's you. It's always been you, and I'm sorry I led you to believe otherwise."

You were speechless. A confession wasn't even on the list of things you had expected to come from this talk. The smile that grew on your face was unstoppable. Not trusting yourself to let out a happy squeal, you threw your arms around the man who had just told you he chooses you.

The sudden force took Lance by surprise, but he was fast to wrap his arms around your waist and fall back onto his bed, pulling you down with him. You lifted your head to look Lance in the eyes. Lance took this as his chance to finally make things official. "Will you be mine, pretty?"

The smile you didn't think could grow any wider, did. "I will always be yours, Loverboy Lance."

notes: i low-key kinda don't like how this ended up but i tried. it's also only slightly proof-read because i wanna move on to a keith fic now. also, if you saw this before, i reposted it cause i wanted it after my masterlist stuff so its still the same just reposted. reblogs, comments and likes are always appreciated. i also may make a taglist so let me know if you wanna be on it!

@cafekitsune made the dividers here!

thank you for reading!!

[the-girl-down-the-street]

every time james vowles says anything about logan and his performance i get closer and closer to committing a very violent crime

[pigeonxp]

ppl keep saying tallulah is "choosing" phil over wilbur bro can you shut the fuck up seriously like yes shes upset w him bc hes not there but like thats not his fault 💀 and she literally said that hes famous too like she knows why he isnt there 💀 she has every right to be upset w him but spreading the narrative that shes choosing phil over him is so stupid and unfair to all 3 of their characters. its honestly ridiculous bc we all know he would be there if he could, and canonically he was upset when he found out she was gone. its not like he doesnt care abt her ???? like thats so fucking stupid. also the idea that hes a deadbeat is stupid too bc its canon that lovejoy is FUNDING THE FEDERATION and therefore the island like what ????????? ur ridiculous.

[beabnormal24]

Honestly, I’m just disappointed.

[everymadara]

Chapter 691

[delawaredetroit]

i really hope this doesn't come off as presumptuous or rude or anything, i've just been reading your bnha reactions and wanted to address your last post?

for aizawa, while he couldn't have known that all might's career was going to end, he DID know about his "small might"/yagi form, and presumably did know that the amount of time he could hold his All Might form was getting to be less and less, so he did have *some* indication that all might wasn't going to be around forever.

and yes the league had only attacked once at USJ, but all might wasn't going to stop being involved in their lives/stop being their teacher, so they would still need to worry about attacks. plus, assuming aizawa is up to date on the hosu incident, then the nomu showed up there and specifically tried to take izuku (even if they didn't suceed).

so ultimately i think it just comes down to an abundance of caution and the knowledge that all might wasn't going to last forever, even if aizawa didn't know how soon his reign as all might would be over. but that's just what i think, and i'm not saying you aren't right to question why aizawa is training them like this in the first place. i hope you're having a great day

Sure, you bring up some good points here. Yes, Aizawa knew about All Might's small form. And on top of that, All Might isn't young. So logically, the era of All Might wouldn't last forever. That still doesn't mean he had reason to think it would end in the next few months to a year.

Quite frankly, if All Might was going to continue teaching, it would have been smarter to have All Might be involved with different classes on a less predictable schedule. That would have been a more efficient way to protect students rather than trying to speed run the first year hero course ahead one year in terms of their heroics curriculum.

Also, putting the first years in a position to be earning provisional licenses early puts them at a higher risk of being put out in the field earlier (which happened) - which put them at risk of experiencing similar traumas to Aizawa himself.