Case Note & Summary
The petitioner, Vankatesh s/o Jaiprakash Gangamwar, was appointed as an Assistant Teacher at Vidya Niketan Girls Secondary School, Biloli, a 100% grant-in-aid school. Following the promotion of a senior teacher, a vacancy arose. After obtaining permission from the Education Officer and publishing an advertisement, the petitioner was appointed. The Education Officer granted approval on 28.08.2012, and the petitioner was confirmed on 06.08.2013. However, by an order dated 15.11.2014, the Education Officer withdrew the approval without any notice or hearing. The petitioner filed a writ petition under Article 226 of the Constitution challenging the order and seeking restoration of approval and salary. The court held that the impugned order was passed in gross violation of principles of natural justice as no opportunity of hearing was given. The court quashed the order and directed the respondents to restore the approval and pay the petitioner's salary from October 2014 onwards.
Headnote
A) Service Law - Appointment of Teacher - Withdrawal of Approval - Violation of Natural Justice - The Education Officer withdrew the approval of the petitioner's appointment as Assistant Teacher without issuing any show cause notice or affording an opportunity of hearing - Held that such an order is unsustainable and liable to be quashed and set aside (Paras 5-6).
Issue of Consideration
Whether the impugned order dated 15.11.2014 withdrawing the approval of the petitioner's appointment as Assistant Teacher is sustainable in law, having been passed without affording any opportunity of hearing to the petitioner.
Final Decision
The impugned order dated 15.11.2014 is quashed and set aside. The respondents are directed to restore the approval order dated 28.08.2012 and confirmation order dated 06.08.2013 and pay the petitioner's salary from October 2014 onwards.
Law Points
- Principles of natural justice
- Opportunity of hearing
- Withdrawal of approval without notice
- Article 226 of Constitution of India
Case Details
2015 LawText (BOM) (04) 17
Writ Petition No.11107 of 2014
Mr. A.N.Nagargoje holding for Mr. H.S.Bali for Petitioner, Mr. V.S.Panpatte for Respondent No.5, Mr. V.H.Dighe AGP for Respondent State
Vankatesh s/o Jaiprakash Gangamwar
The State of Maharashtra, Deputy Director of Education, Education Officer (Secondary), Superintendent Pay Unit (Secondary Section), Head Master Vidya Niketan Girls Secondary School
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging the order withdrawing approval of appointment.
Remedy Sought
Quashing of order dated 15.11.2014 and direction to restore approval and pay salary.
Filing Reason
The Education Officer withdrew the approval of the petitioner's appointment without any notice or opportunity of hearing.
Previous Decisions
Approval granted on 28.08.2012 and confirmation on 06.08.2013.
Issues
Whether the impugned order withdrawing approval is sustainable without affording opportunity of hearing?
Submissions/Arguments
Petitioner argued that the order was passed without any show cause notice or hearing, violating principles of natural justice.
Respondents did not contest the violation of natural justice.
Ratio Decidendi
An order withdrawing approval of appointment without affording any opportunity of hearing is violative of principles of natural justice and cannot be sustained.
Judgment Excerpts
It is not in dispute that, before passing the impugned order, no show cause notice was issued to the petitioner nor any opportunity of hearing was afforded to him.
In the light of discussion made herein above, the impugned order dated 15.11.2014 is quashed and set aside.
Procedural History
The petitioner was appointed as Assistant Teacher in 2010, approval granted in 2012, confirmed in 2013. On 15.11.2014, the Education Officer withdrew the approval. The petitioner filed the present writ petition on an unspecified date. The court reserved judgment on 23.03.2015 and pronounced on 08.04.2015.
Acts & Sections
- Constitution of India: Article 226
