Case Note & Summary
The petitioner, Madan s/o Lahanu Khadse, was working as Head Master in the Government Secondary Ashram School, Pandhurna, Tq. Ashti, Dist. Wardha. He was dismissed from service by an order dated 17.02.2017 passed by the disciplinary authority. Aggrieved, he filed Original Application No.625/2018 before the Maharashtra Administrative Tribunal, which was dismissed on 18.07.2019. The petitioner then approached the Bombay High Court by way of Writ Petition No.6698/2019. The main contention of the petitioner was that the inquiry report was not furnished to him and he was not given an opportunity to make a representation against it before the dismissal order was passed. The respondents argued that the inquiry was conducted properly and the dismissal was justified. The court, after hearing both sides, found that the inquiry report was indeed not provided to the petitioner, which is a fundamental violation of the principles of natural justice. The court held that the disciplinary proceedings were vitiated and the order of dismissal could not be sustained. Consequently, the court allowed the writ petition, set aside the order of the Tribunal and the dismissal order, and directed the respondents to reinstate the petitioner in service with continuity and all consequential benefits, but without back wages. The court also directed that the disciplinary proceedings could be resumed from the stage of furnishing the inquiry report, if the respondents so choose.
Headnote
A) Service Law - Disciplinary Proceedings - Dismissal from Service - Inquiry Report - Non-furnishing of inquiry report to the delinquent employee vitiates the disciplinary proceedings - The petitioner was dismissed without being provided a copy of the inquiry report, which is a violation of principles of natural justice - Held that the order of dismissal is unsustainable and set aside (Paras 5-7). B) Service Law - Disciplinary Proceedings - Right of Representation - Denial of opportunity to make representation against the inquiry report - The disciplinary authority did not give the petitioner an opportunity to submit his say on the inquiry report before imposing the penalty of dismissal - Held that such denial is a serious procedural irregularity (Paras 5-7).
Issue of Consideration
Whether the dismissal order dated 17.02.2017 passed by the disciplinary authority is vitiated due to non-furnishing of the inquiry report and denial of opportunity of hearing to the petitioner.
Final Decision
The writ petition is allowed. The judgment and order dated 18.07.2019 passed by the Maharashtra Administrative Tribunal in Original Application No.625/2018 is quashed and set aside. The order dated 17.02.2017 passed by the disciplinary authority dismissing the petitioner from service is also set aside. The respondents are directed to reinstate the petitioner in service with continuity and all consequential benefits, but without back wages. The disciplinary proceedings may be resumed from the stage of furnishing the inquiry report, if the respondents so choose.
Law Points
- Natural justice
- right to representation
- disciplinary proceedings
- dismissal from service
- inquiry report
- Maharashtra Civil Services (Discipline and Appeal) Rules
