Case Note & Summary
The petitioners, Sharad Sonwane, Ganesh Chavan, Sunil Palaskar, Chetan Mahajan, and Sushilkumar Patil, were appointed as Gram Rozgar Sevaks under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in various Panchayat Samitis in Jalna and Jalgaon districts. Their services were terminated by the Chief Executive Officer, Zilla Parishad, Jalna, without issuing any show cause notice or conducting a disciplinary inquiry. The petitioners challenged these termination orders by filing two writ petitions before the Bombay High Court at Aurangabad. The court examined the relevant service rules, particularly Rule 28 of the Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967, which requires that no employee shall be dismissed or removed without a proper inquiry. The court noted that the termination orders were passed in violation of this rule and the principles of natural justice. The court allowed the petitions, set aside the termination orders, and directed the respondents to reinstate the petitioners with continuity of service but without back wages. The court also clarified that the respondents are at liberty to proceed against the petitioners in accordance with law, if so advised.
Headnote
A) Service Law - Termination without Inquiry - Principles of Natural Justice - Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967, Rule 28 - Petitioners were appointed as Gram Rozgar Sevaks under MGNREGA and their services were terminated without any show cause notice or disciplinary proceedings. The court held that such termination is in violation of Rule 28 of the Recruitment Rules and principles of natural justice, and set aside the termination orders. (Paras 1-10)
B) MGNREGA - Gram Rozgar Sevak - Termination - Show Cause Notice - The court found that the termination orders were passed without affording any opportunity of hearing to the petitioners, which is a clear breach of natural justice. The court directed reinstatement of the petitioners with continuity of service but without back wages. (Paras 8-10)
Issue of Consideration
Whether the termination of the petitioners' services as Gram Rozgar Sevaks under MGNREGA without issuing a show cause notice or conducting a disciplinary inquiry is legal and valid.
Final Decision
The court allowed the writ petitions, set aside the termination orders, and directed the respondents to reinstate the petitioners with continuity of service but without back wages. The respondents are at liberty to proceed against the petitioners in accordance with law, if so advised.
Law Points
- Principles of natural justice
- audi alteram partem
- termination without inquiry
- violation of service rules
- MGNREGA employment
- Maharashtra Zilla Parishad District Services (Recruitment) Rules
- 1967
Case Details
2022 LawText (BOM) (08) 13
Writ Petition No.7520 of 2022 and Writ Petition No.7578 of 2022
Ms. P. S. Talekar i/b M/s. Talekar and Associates for Petitioners, Mr. S. G. Sangle AGP for Respondent No.1, Mr. S. S. Tope for Respondent No.2
Sharad s/o Prahakar Sonwane, Ganesh s/o Sitaram Chavan, Sunil s/o Digambar Palaskar, Chetan s/o Nivrutti Mahajan, Sushilkumar s/o Prakash Patil
State of Maharashtra, Chief Executive Officer and District Program Co-ordinator (MGNREGA), Zilla Parishad, Jalna
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Nature of Litigation
Writ petitions challenging termination of services of Gram Rozgar Sevaks under MGNREGA without following due process.
Remedy Sought
Petitioners sought quashing of termination orders and reinstatement with continuity of service and back wages.
Filing Reason
Termination of petitioners' services without issuing show cause notice or conducting disciplinary inquiry, in violation of service rules and natural justice.
Issues
Whether termination of services without show cause notice and disciplinary inquiry is valid.
Whether the termination violates Rule 28 of the Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967 and principles of natural justice.
Submissions/Arguments
Petitioners argued that their termination was illegal as no show cause notice or inquiry was conducted before termination.
Respondents argued that the petitioners were engaged on contract basis and their services were terminated as per terms of appointment.
Ratio Decidendi
Termination of an employee without issuing a show cause notice or conducting a disciplinary inquiry is in violation of Rule 28 of the Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967 and the principles of natural justice. Such termination orders are liable to be set aside.
Judgment Excerpts
The termination orders have been passed without issuing any show cause notice to the petitioners and without holding any disciplinary inquiry.
The impugned termination orders are in violation of Rule 28 of the Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967 and also the principles of natural justice.
Hence, the impugned termination orders are quashed and set aside.
The petitioners are directed to be reinstated in service with continuity of service, however, without back wages.
Procedural History
The petitioners filed Writ Petition No.7520 of 2022 and Writ Petition No.7578 of 2022 before the Bombay High Court at Aurangabad challenging the termination orders passed by the Chief Executive Officer, Zilla Parishad, Jalna. The court heard the matter and delivered judgment on 17 August 2022.
Acts & Sections
- Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967: Rule 28
- Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA):
