Case Note & Summary
The petitioners, six individuals, were selected for the post of Police Sub-Inspector (PSI) by the Maharashtra Public Service Commission (MPSC) in 2018. After undergoing training at the Maharashtra Police Academy, Nashik, their appointments were cancelled by the Director General and Inspector General of Police, Maharashtra, on the basis of adverse material in their police verification reports. The cancellation orders were passed without issuing any show cause notice or providing an opportunity of hearing to the petitioners. The petitioners challenged the cancellation orders by way of a writ petition under Article 226 of the Constitution of India. The court examined the issue of whether the cancellation of appointments without following principles of natural justice was sustainable. The court noted that the police verification report is a confidential document, but if it contains adverse material that is relied upon to cancel an appointment, the gist of such material must be communicated to the candidate. The court held that the failure to do so violates the principles of natural justice and Article 14 of the Constitution. The court set aside the cancellation orders and directed the respondents to reinstate the petitioners with continuity of service and all consequential benefits, including seniority and pay, within four weeks. The court also directed that the petitioners be given an opportunity of hearing before any further action is taken based on the adverse material.
Headnote
A) Constitutional Law - Principles of Natural Justice - Audi Alteram Partem - Right to be Heard - Cancellation of Appointment - The court held that any adverse material relied upon by the appointing authority to cancel an appointment must be communicated to the candidate, and an opportunity of hearing must be given before passing an adverse order. Failure to do so renders the order void ab initio. (Paras 10-15) B) Service Law - Police Recruitment - Police Verification - Adverse Material - The court held that the police verification report is a confidential document, but if it contains adverse material that forms the basis for cancellation of appointment, the gist of such material must be disclosed to the candidate to enable an effective representation. (Paras 12-14) C) Constitutional Law - Article 14 - Equality Before Law - Arbitrariness - The court held that cancellation of appointment without following principles of natural justice is arbitrary and violative of Article 14 of the Constitution of India. (Paras 15-16) D) Service Law - Cancellation of Appointment - Show Cause Notice - The court held that a show cause notice must be issued to the candidate before cancellation, and the candidate must be given an opportunity to explain the adverse material. (Paras 10-12)
Issue of Consideration
Whether the cancellation of appointments of the petitioners as Police Sub-Inspectors on the basis of adverse material in police verification reports, without communicating such material to them and without affording an opportunity of hearing, is violative of principles of natural justice and Article 14 of the Constitution.
Final Decision
The court allowed the writ petition, set aside the cancellation orders, and directed the respondents to reinstate the petitioners with continuity of service and all consequential benefits, including seniority and pay, within four weeks. The court further directed that before any further action is taken based on the adverse material, the petitioners be given an opportunity of hearing.
Law Points
- Principles of natural justice
- audi alteram partem
- right to be heard
- Article 14
- Article 21
- police verification
- adverse material
- cancellation of appointment
- show cause notice
- reasoned order
