Case Note & Summary
The petitioners, four individuals, were appointed by the Municipal Council, Chandur Bazar to posts of Coolie, Chowkidar, and Chaprasi (Peon) after a selection process. The Standing Committee passed a resolution on 22-03-1996 approving their appointments, and appointment orders were issued on 04-05-1996. The petitioners joined their respective posts. Subsequently, the then Chief Officer of the Municipal Council wrote to the Collector on 22-07-1996 alleging irregularities in the appointments and requested action under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats & Industrial Townships Act, 1965. Without issuing any notice or hearing the petitioners, the Collector passed an order on 23-12-1996 setting aside the appointments. Consequent orders were passed by the Chief Officer on 27-12-1996 terminating the petitioners' services, and the Additional Commissioner dismissed the petitioners' appeal on 22-04-1997. The petitioners challenged these orders by way of a writ petition. The High Court found that the Collector's order was passed in gross violation of principles of natural justice as no opportunity of hearing was given to the petitioners. The court held that the Collector's power under Section 308 must be exercised after following due process. The impugned orders were quashed and set aside, and the petitioners were directed to be reinstated with continuity of service but without back wages. The court also noted that the appointments were made by the Standing Committee, which was the competent authority, and there was no allegation of fraud or misrepresentation against the petitioners.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Termination of Services - The Collector passed an order under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats & Industrial Townships Act, 1965 setting aside appointments of the petitioners without issuing any notice or hearing them. The High Court held that such an order passed in violation of principles of natural justice is unsustainable and liable to be quashed. (Paras 5-7) B) Municipal Law - Section 308 Maharashtra Municipal Councils Act - Power of Collector - The Collector's power under Section 308 to cancel resolutions or orders of a Municipal Council must be exercised after following due process and giving an opportunity of hearing to affected parties. The order dated 23-12-1996 was set aside as it was passed ex-parte. (Paras 5-7) C) Service Law - Termination of Employment - Validity of Appointment - The petitioners were appointed by the Standing Committee of the Municipal Council after due selection and interview. Their services were terminated without any notice or inquiry. The High Court held that the termination was illegal and restored the petitioners to their posts with continuity of service. (Paras 2, 7)
Issue of Consideration
Whether the Collector could terminate the services of the petitioners without affording them an opportunity of being heard, and whether the appointments made by the Municipal Council were valid.
Final Decision
The impugned orders dated 23-12-1996, 27-12-1996, and 22-04-1997 are quashed and set aside. The petitioners are directed to be reinstated with continuity of service but without back wages.
Law Points
- Natural justice
- right to be heard
- Section 308 Maharashtra Municipal Councils Act
- termination without notice
- appointment by competent authority
- quashing of ex-parte orders
