Case Note & Summary
The petitioners, Anil Gajanan Choukhande and Atul Shrihari Ghonmode, were appointed as Junior Lecturers in a Zilla Parishad Junior College. By an order dated 29.08.2009, the respondent no.2 (Head Master) observed that their appointments had expired on 08.08.2009 and directed that they would not be allowed to sign the muster book and would not be entitled to any salary or allowance. The petitioners challenged this order before the Bombay High Court, Nagpur Bench. The court noted that the order was passed without any enquiry and was punitive in nature, as it was based on the respondents' view that the appointments were not legally made. The respondents argued that no enquiry was necessary because the petitioners' services had ended by efflux of time. The court disagreed, holding that the decision to withhold salary and prevent signing of the muster roll was punitive and could not be passed without affording the petitioners an opportunity of hearing. The court set aside the order dated 29.08.2009 and directed the respondents to allow the petitioners to sign the muster roll and pay them salary and allowances for the period they had worked, subject to verification of their attendance. The court clarified that this order would not preclude the respondents from taking appropriate action in accordance with law after giving the petitioners a reasonable opportunity of hearing.
Headnote
A) Service Law - Termination - Natural Justice - Order withholding salary and preventing signing of muster roll is punitive and cannot be passed without affording an opportunity of hearing - The order dated 29.08.2009 was set aside as it was passed without any enquiry and in violation of principles of natural justice (Paras 2-5).
Issue of Consideration
Whether the order dated 29.08.2009 withholding salary and preventing the petitioners from signing the muster roll, passed without any enquiry, is sustainable in law.
Final Decision
The court allowed the petitions, set aside the order dated 29.08.2009, and directed the respondents to allow the petitioners to sign the muster roll and pay them salary and allowances for the period they had worked, subject to verification of attendance. The respondents were at liberty to take appropriate action in accordance with law after giving the petitioners a reasonable opportunity of hearing.
Law Points
- Natural Justice
- Audi Alteram Partem
- Termination without enquiry
- Punitive order
- Right to be heard
