Case Note & Summary
The petitioner, Anil Harishchandra Kadu, was employed as an Assistant Teacher with the Municipal Council, Achalpur (respondent No.2). He sought and was granted permission to undertake newspaper journalism initially in 1991, subject to the condition that his teaching duties should not be affected. After a brief revocation in 1992, permission was again granted in 1993 by the Standing Committee. On 7 September 2012, the Chief Officer issued a communication cancelling the permission without any prior notice or opportunity of hearing. The petitioner appealed under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 to the Additional Commissioner (respondent No.1), who dismissed the appeal on 30 August 2013. The petitioner then filed a writ petition challenging both orders. The main legal issue was whether the cancellation order violated principles of natural justice. The petitioner argued that no show cause notice was given before cancellation, while the respondents contended that the permission was conditional and could be revoked at any time. The court held that the cancellation order was passed in gross violation of natural justice as no opportunity of hearing was afforded. The appellate authority failed to consider this aspect. The court quashed both the cancellation order and the appellate order, directing the Chief Officer to decide the matter afresh after giving the petitioner a reasonable opportunity of hearing. The writ petition was allowed with no order as to costs.
Headnote
A) Service Law - Permission for Outside Employment - Cancellation - Natural Justice - Section 318 Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The petitioner, an Assistant Teacher, was granted permission to undertake newspaper journalism subject to conditions. The permission was cancelled by the Chief Officer without any show cause notice or opportunity of hearing. The appellate authority dismissed the appeal without considering the violation of natural justice. Held that the order of cancellation was passed in gross violation of principles of natural justice and the appellate order was also unsustainable. The impugned orders were quashed and set aside. (Paras 1-15)
Issue of Consideration
Whether the order cancelling the petitioner's permission to undertake newspaper journalism was passed in violation of principles of natural justice and without affording an opportunity of hearing.
Final Decision
The writ petition is allowed. The order dated 30-8-2013 passed by the Additional Commissioner, Amravati Division, Amravati and the communication dated 7-9-2012 issued by the Chief Officer, Municipal Council, Achalpur are quashed and set aside. The Chief Officer is directed to decide the matter afresh after giving the petitioner a reasonable opportunity of hearing. No order as to costs.
Law Points
- Natural Justice
- Right to Hearing
- Cancellation of Permission
- Section 318 Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965
Case Details
2014 LawText (BOM) (12) 121
WRIT PETITION NO.6590 OF 2013
Shri A. S. Kilor for petitioner, Shri P. V. Bhoyar for respondent No.1, Shri Amol Patil for respondent No.2
The Additional Commissioner, Amravati Division, Amravati & Municipal Council, Achalpur
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Nature of Litigation
Writ petition challenging the order of the Additional Commissioner dismissing the petitioner's appeal under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, and the underlying order of the Chief Officer cancelling the petitioner's permission to undertake newspaper journalism.
Remedy Sought
The petitioner sought quashing of the order dated 30-8-2013 passed by the Additional Commissioner and the communication dated 7-9-2012 issued by the Chief Officer cancelling his permission to undertake newspaper journalism.
Filing Reason
The petitioner's permission to undertake newspaper journalism was cancelled without any show cause notice or opportunity of hearing, and the appellate authority dismissed his appeal without considering the violation of natural justice.
Previous Decisions
The Chief Officer cancelled the permission by communication dated 7-9-2012. The petitioner appealed to the Additional Commissioner under Section 318 of the Act, which was dismissed on 30-8-2013.
Issues
Whether the order cancelling the petitioner's permission to undertake newspaper journalism was passed in violation of principles of natural justice?
Whether the appellate authority erred in dismissing the appeal without considering the violation of natural justice?
Submissions/Arguments
Petitioner argued that the cancellation order was passed without any show cause notice or opportunity of hearing, violating principles of natural justice.
Respondents argued that the permission was conditional and could be revoked at any time, and that the petitioner had not challenged the condition.
Ratio Decidendi
An order cancelling a permission granted to an employee must be preceded by a show cause notice and an opportunity of hearing, as the cancellation has civil consequences. Failure to do so violates principles of natural justice and renders the order unsustainable.
Judgment Excerpts
The order of cancellation has been passed without any show cause notice or opportunity of hearing to the petitioner. The same is in gross violation of principles of natural justice.
The appellate authority has not considered the aforesaid aspect while dismissing the appeal. The order passed by the appellate authority is also unsustainable.
Procedural History
The petitioner was granted permission to undertake newspaper journalism in 1991, which was revoked in 1992 but regranted in 1993. On 7-9-2012, the Chief Officer cancelled the permission without notice. The petitioner appealed under Section 318 of the Act to the Additional Commissioner, who dismissed the appeal on 30-8-2013. The petitioner then filed the present writ petition on 26-9-2013.
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965: Section 318
