Case Note & Summary
The petitioner, Dr. Geeta Mallikarjun Patil, was a Professor in the Department of English at Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. She was also serving as the Head of the Department of English. By a communication dated 11.10.2021 issued by the Director, Examination and Evaluation Department, and a circular dated 08-11.10.2021, the University scored out (removed) her name as the Head of the Department for English subject. The petitioner challenged this communication and circular by filing a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench. The main legal issue was whether the University could remove the petitioner from the position of Head of Department without issuing any show cause notice or providing an opportunity of hearing, thereby violating the principles of natural justice. The petitioner argued that the impugned action was arbitrary and without any prior notice. The respondents, represented by Mr. S.S. Tope, did not dispute that no show cause notice was given. The court, after hearing both sides and perusing the petition and rejoinder, held that the communication and circular to the extent they scored out the petitioner's name as Head of Department were issued without following the principles of natural justice. The court quashed the impugned communication and circular to that extent and directed the respondents to allow the petitioner to continue as Head of Department of English. The court also clarified that the University is at liberty to proceed against the petitioner in accordance with law, if so advised, after giving her an opportunity of hearing.
Headnote
A) Administrative Law - Principles of Natural Justice - Audi Alteram Partem - Removal from Position - The communication removing the petitioner as Head of Department of English was issued without any show cause notice or opportunity of hearing, violating principles of natural justice - Held that such administrative action is unsustainable and liable to be quashed (Paras 4-6).
Issue of Consideration
Whether the communication dated 11.10.2021 removing the petitioner as Head of Department of English without any show cause notice or opportunity of hearing is sustainable in law.
Final Decision
The impugned communication dated 11.10.2021 and circular dated 08-11.10.2021 to the extent of scoring out the name of the petitioner as Head of Department for English subject are quashed and set aside. The respondents are directed to allow the petitioner to continue as Head of Department of English. The University is at liberty to proceed against the petitioner in accordance with law, if so advised, after giving her an opportunity of hearing.
Law Points
- Principles of natural justice
- audi alteram partem
- right to be heard
- administrative action without hearing is void
- requirement of show cause notice before removal from position
