Case Note & Summary
The petitioner, Shri Malagouda S/o Shivagouda Patil, was the Vice-President of Kohalli Grama Panchayat. He submitted a resignation letter on 04.12.2024 to the Assistant Commissioner (2nd respondent). However, before the resignation was accepted, the petitioner submitted a withdrawal letter dated 14.12.2024, withdrawing his resignation. Despite this, the Assistant Commissioner passed an order on 16.12.2024 accepting the resignation without considering the withdrawal letter and without affording any opportunity of hearing to the petitioner. The petitioner challenged this order by filing a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench. The court found that the resignation was accepted after the withdrawal letter was submitted, and the Assistant Commissioner failed to consider the withdrawal and did not provide a hearing. The court held that the impugned order was violative of principles of natural justice. Consequently, the court quashed the order dated 16.12.2024 and remitted the matter back to the Assistant Commissioner to consider the withdrawal letter and pass fresh orders after affording an opportunity of hearing to the petitioner. The petition was disposed of accordingly.
Headnote
A) Administrative Law - Principles of Natural Justice - Right to be Heard - Resignation Withdrawal - The petitioner submitted a resignation letter on 04.12.2024 and later withdrew it on 14.12.2024 before the resignation was accepted on 16.12.2024. The Assistant Commissioner accepted the resignation without considering the withdrawal and without hearing the petitioner. Held that the acceptance of resignation without considering the withdrawal and without affording an opportunity of hearing is violative of principles of natural justice (Paras 1-4). B) Panchayat Raj - Resignation of Office Bearer - Section 3(3) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The petitioner was Vice-President of Kohalli Grama Panchayat. The resignation was accepted by the Assistant Commissioner under the Act. The court held that the impugned order dated 16.12.2024 is quashed and the matter is remitted back to the Assistant Commissioner to consider the withdrawal letter and pass fresh orders after hearing the petitioner (Paras 3-4).
Issue of Consideration
Whether the acceptance of resignation by the Assistant Commissioner without considering the petitioner's withdrawal letter and without affording an opportunity of hearing is valid.
Final Decision
The impugned order dated 16/12/2024 is quashed. The matter is remitted back to the 2nd respondent-Assistant Commissioner to consider the withdrawal letter dated 14.12.2024 and pass fresh orders after affording an opportunity of hearing to the petitioner. The petition is disposed of.
Law Points
- Principles of natural justice
- right to be heard
- resignation withdrawal before acceptance
- Section 3(3) of Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- writ of certiorari
