Case Note & Summary
The petitioner, Shri Anil Govind Naik, a Teacher Grade I at People's Higher Secondary School, Panaji, filed a writ petition before the Bombay High Court at Goa challenging a memorandum dated 20th December, 2014 issued by respondent No.4 (Chairman, School Managing Committee) to hold an inquiry against him under the Goa School Education Act, 1984, Rules of 1986 and the CCS Conduct Rules. The petitioner was appointed on 5th June, 1989. On 28th November, 2013, an FIR was registered against him at Old Goa Police Station. Respondent No.4 sought permission for his suspension from respondent No.3 (Director of Education). On 8th October, 2014, the petitioner filed an application for adjournment before respondent No.3, which was dismissed without hearing the petitioner. The petitioner then made a representation on 9th October, 2014 to respondent No.3, the Chief Secretary and the Secretary for Education, stating that his Advocate was not heard before passing the order dated 14th October, 2014. The petitioner contended that respondent No.3 granted leave to respondent No.4 to hold the inquiry. The court, after hearing the parties, found that the dismissal of the adjournment application without hearing the petitioner violated principles of natural justice. The court allowed the petition, quashed the memorandum dated 20th December, 2014, and directed respondent No.4 to withdraw the report dated 30th January, 2015 and recommendations dated 31st January, 2015. The court also granted leave to amend the petition as requested by the petitioner's counsel.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Goa School Education Act, 1984 - The petitioner challenged the memorandum issued by the School Managing Committee to hold an inquiry against him. The court found that the petitioner's adjournment application was dismissed without hearing him, violating principles of natural justice. Held that the inquiry proceedings were vitiated due to lack of opportunity of hearing (Paras 4-5).
Issue of Consideration
Whether the memorandum dated 20th December, 2014 issued by respondent No.4 to hold an inquiry against the petitioner under the Goa School Education Act, 1984, Rules of 1986 and the CCS Conduct Rules is patently illegal and unconstitutional.
Final Decision
The court allowed the writ petition, quashed the memorandum dated 20th December, 2014, and directed respondent No.4 to withdraw the report dated 30th January, 2015 and recommendations dated 31st January, 2015.
Law Points
- Natural justice
- Right to be heard
- Inquiry proceedings
- Goa School Education Act
- 1984
- CCS Conduct Rules
