Case Note & Summary
The petitioner, Ku. Veena d/o Guruprasad Thakur, a permanent resident of District-Gondia with qualifications M.A. and M.S.W., belongs to the Other Backward Class category. Pursuant to a Government Resolution dated 26.02.2014, the Additional Commissioner, Tribal Development, vide communication dated 13.03.2014, directed the managements of Ashram Schools to fill the posts of Lady Superintendent and Security Personnel within two months by following due procedure. Respondent No.3, Bhagwati Shikshan Sanstha, appointed the petitioner as Lady Superintendent in Respondent No.4 School from 01.08.2014. However, the Additional Commissioner, by order dated 04.07.2017, declined approval to the petitioner's appointment. The petitioner challenged this order by way of a writ petition. The court noted that the impugned order was passed without affording any opportunity of hearing to the petitioner, which is a clear violation of the principles of natural justice. The court held that the order could not be sustained and set it aside, remanding the matter to the Additional Commissioner for fresh consideration after giving the petitioner a reasonable opportunity of being heard. The court directed that the petitioner be heard within four weeks from the date of the order.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Denial of Approval - The Additional Commissioner, Tribal Development, declined approval to the petitioner's appointment as Lady Superintendent without giving her an opportunity of hearing. The court held that such an order, being adverse to the petitioner, could not have been passed without affording her a reasonable opportunity of being heard, and thus quashed the order and remanded the matter for fresh consideration after hearing the petitioner. (Paras 2-5)
Issue of Consideration
Whether the order declining approval to the petitioner's appointment as Lady Superintendent, passed without affording an opportunity of hearing, is sustainable in law.
Final Decision
The court allowed the petition, quashed the order dated 04.07.2017, and remanded the matter to the Additional Commissioner, Tribal Development, Nagpur for fresh consideration after affording the petitioner a reasonable opportunity of being heard, to be decided within four weeks from the date of the order.
Law Points
- Natural Justice
- Audi Alteram Partem
- Opportunity of Hearing
- Approval of Appointment
- Government Resolution dated 26.02.2014
