Case Note & Summary
The judgment concerns two writ petitions filed by employees of the Sales Tax Department, Maharashtra, challenging termination orders. The first petitioner, Madhavsing Shivsing Bainade, a peon, challenged the order dated 22.1.1998 terminating his services and the subsequent order of the Maharashtra Administrative Tribunal (MAT) dated 21.2.2007 dismissing his Original Application. The second petitioner, Miss Shamsunnisa Basiroddin, a clerk-cum-typist, challenged the order dated 5.2.1997 terminating her services. Both petitioners contended that their services were terminated without any inquiry and without affording them an opportunity of hearing, in violation of principles of natural justice. The respondents, represented by the State, did not dispute the lack of inquiry. The court, after hearing both sides, found that the termination orders were passed without any inquiry or opportunity of hearing, which is a clear violation of natural justice. Consequently, the court quashed and set aside the termination orders and the MAT order, directing the respondents to reinstate the petitioners with continuity of service and 50% back wages. The court also directed that the petitioners be deemed to be in service for all purposes except for the remaining 50% back wages.
Headnote
A) Service Law - Termination - Natural Justice - Termination of services without holding any inquiry and without affording opportunity of hearing is violative of principles of natural justice - The impugned orders dated 22.1.1998 and 5.2.1997 terminating the services of the petitioners were set aside as they were passed without any inquiry or opportunity of hearing - Held that such termination orders are unsustainable in law (Paras 1-4).
Issue of Consideration
Whether the termination orders passed against the petitioners without holding any inquiry and without affording an opportunity of hearing are sustainable in law.
Final Decision
The court quashed and set aside the termination orders dated 22.1.1998 and 5.2.1997, and the MAT order dated 21.2.2007. Directed reinstatement of petitioners with continuity of service and 50% back wages. Petitioners deemed in service for all purposes except remaining 50% back wages.
Law Points
- Principles of natural justice
- Termination without inquiry
- Opportunity of hearing
- Service law
- Writ jurisdiction
