Case Note & Summary
The petitioner, Dr. Anil Moreshwar Ravetkar, a retired individual, filed a writ petition challenging two orders: (1) the State Government's order dated 4 February 2005, which set aside a resolution of the Standing Committee of the Pune Municipal Corporation passed on 29 July 2003, and (2) the consequential order of the Municipal Commissioner dated 28 September 2005, directing the petitioner's removal from service. The petitioner contended that the government order was passed without issuing any notice or affording him a hearing, thereby violating principles of natural justice. The respondents, including the State of Maharashtra, Pune Municipal Corporation, and the Municipal Commissioner, argued that the power under Section 451 of the Bombay Provincial Municipal Corporation Act, 1949 (BPMC Act) was validly exercised. The High Court, after hearing the parties, held that the State Government's order was vitiated due to non-compliance with natural justice, as no notice or hearing was given to the petitioner before setting aside the resolution. Consequently, the order of removal passed by the Municipal Commissioner, being based on the invalid government order, was also quashed. The court allowed the petition, setting aside both impugned orders, and directed that the petitioner be reinstated with continuity of service and all consequential benefits. The rule was made absolute with no order as to costs.
Headnote
A) Municipal Law - Power of State Government under Section 451 of BPMC Act - Requirement of Notice and Hearing - The State Government's order setting aside a resolution of the Standing Committee without issuing notice or hearing the affected party (petitioner) was held to be in violation of principles of natural justice and therefore invalid. The Court held that the power under Section 451, though discretionary, must be exercised in a quasi-judicial manner, and any order passed without affording an opportunity of hearing is liable to be set aside. (Paras 1-3)
B) Municipal Law - Consequential Order of Removal - Validity - The order of the Municipal Commissioner removing the petitioner from service, which was based solely on the invalid government order, was also quashed. The Court held that since the foundational order was set aside, the consequential order could not stand. (Para 3)
Issue of Consideration
Whether the State Government's order under Section 451 of the Bombay Provincial Municipal Corporation Act, 1949 setting aside the Standing Committee's resolution was valid without issuing notice or hearing the petitioner, and whether the consequential removal order by the Municipal Commissioner was sustainable.
Final Decision
The petition is allowed. The impugned order of the Government dated 4 February 2005 and the consequential order of the Municipal Commissioner dated 28 September 2005 are quashed and set aside. The petitioner shall be reinstated with continuity of service and all consequential benefits. Rule is made absolute. No order as to costs.
Law Points
- Section 451 of Bombay Provincial Municipal Corporation Act
- 1949
- Natural Justice
- Power of State Government to set aside resolutions
- Requirement of notice and hearing
- Procedural compliance
Case Details
Writ Petition No.2390 of 2006
H.S. Bedi, C.J., V.M. Kanade, J.
Mr. A.M. Joshi for Petitioner, Mr. P.M. Patil for Respondent No.1, Mr. R.G. Ketkar for Respondent Nos. 2 and 3
Shri Dr. Anil Moreshwar Ravetkar
State of Maharashtra, Pune Municipal Corporation, Mr. Nitin Karir
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Nature of Litigation
Writ petition challenging the order of the State Government setting aside a resolution of the Standing Committee of Pune Municipal Corporation and the consequential order of removal from service passed by the Municipal Commissioner.
Remedy Sought
The petitioner sought quashing of the government order dated 4 February 2005 and the commissioner's order dated 28 September 2005, and reinstatement with continuity of service and consequential benefits.
Filing Reason
The petitioner was aggrieved by the government order passed under Section 451 of the BPMC Act without notice or hearing, and the subsequent removal order.
Previous Decisions
The Standing Committee of Pune Municipal Corporation passed a resolution on 29 July 2003. The State Government set aside that resolution by order dated 4 February 2005. The Municipal Commissioner then passed an order on 28 September 2005 removing the petitioner from service.
Issues
Whether the State Government's order under Section 451 of the BPMC Act setting aside the Standing Committee's resolution was valid without issuing notice or hearing the petitioner?
Whether the consequential order of removal by the Municipal Commissioner was sustainable?
Submissions/Arguments
Petitioner argued that the government order was passed without notice or hearing, violating natural justice.
Respondents contended that the power under Section 451 was validly exercised.
Ratio Decidendi
The power under Section 451 of the Bombay Provincial Municipal Corporation Act, 1949, though discretionary, must be exercised in a quasi-judicial manner, and any order passed without affording an opportunity of hearing to the affected party is invalid. Consequently, the order of removal based on such invalid order is also unsustainable.
Judgment Excerpts
Heard.
Rule. By consent rule is made returnable forthwith. Respondents waive service.
By this Petition, the petitioner is challenging the order passed by the Government dated 4th February, 2005 whereby the Government was pleased to set aside the Resolution passed by the Standing Committee, Pune Municipal Corporation dated 29th July, 2003 by exercising the power vested in it under section 451 of the Bombay Provincial Municipal Corporation Act, 1949 (For short “B.P.M.C. Act”) and the petitioner is also challenging the order passed by the Municipal Commissioner, Pune Municipal Corporation dated 28th September, 2005 which was passed by him as a consequence of the impugned decision of the Government dated 4th February, 2005 whereby the Municipal Commissioner directed that the petitioner should be removed from service.
Procedural History
The Standing Committee of Pune Municipal Corporation passed a resolution on 29 July 2003. The State Government set aside that resolution by order dated 4 February 2005 under Section 451 of the BPMC Act. The Municipal Commissioner then passed an order on 28 September 2005 removing the petitioner from service. The petitioner filed Writ Petition No.2390 of 2006 before the Bombay High Court challenging both orders.
Acts & Sections
- Bombay Provincial Municipal Corporation Act, 1949: 451
