Case Note & Summary
The petitioner, Sarika Digambar Lokare, was appointed as an Extension Officer (Agriculture) in the Zilla Parishad, Osmanabad on 01/10/2012. She possessed a B.Sc. (Agriculture) degree and was eligible for the post. On 18/04/2013, the Chief Executive Officer (CEO) of Zilla Parishad, Osmanabad, issued an order cancelling her appointment and appointing respondent no.3, Ashok Kale, in her place. The petitioner challenged this order by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking a writ of certiorari to quash the cancellation order and a writ of mandamus to direct the respondents to permit her to resume the post. The main legal issue was whether the cancellation order was passed in violation of the principles of natural justice, as the petitioner was not given any show cause notice or opportunity of hearing before the order was passed. The respondents argued that the appointment was made by mistake and that the petitioner had suppressed material facts. The court, after hearing both sides, held that the order cancelling the appointment was passed without affording any opportunity of hearing to the petitioner, which is a clear violation of the principles of natural justice. The court relied on the settled legal position that any order which adversely affects a person must be preceded by a reasonable opportunity of being heard. Consequently, the court quashed and set aside the impugned order dated 18/04/2013 and directed the respondents to permit the petitioner to resume her duties as Agriculture Officer in Panchayat Samiti, Lohara, within two weeks. The court also made it clear that the respondents were at liberty to take appropriate action against the petitioner in accordance with law, after giving her an opportunity of hearing, if any adverse action is contemplated.
Headnote
A) Service Law - Appointment Cancellation - Natural Justice - Cancellation of appointment of Agriculture Officer by CEO Zilla Parishad without giving show cause notice or opportunity of hearing - Petitioner appointed as Extension Officer (Agriculture) on 01/10/2012, order of cancellation dated 18/04/2013 set aside as violative of principles of natural justice - Held that any order adversely affecting a person must be preceded by a reasonable opportunity of hearing (Paras 5-7).
Issue of Consideration
Whether the order cancelling the appointment of the petitioner without affording an opportunity of hearing is sustainable in law.
Final Decision
The court allowed the writ petition, quashed and set aside the impugned order dated 18/04/2013, and directed the respondents to permit the petitioner to resume her duties as Agriculture Officer in Panchayat Samiti, Lohara, within two weeks. The respondents are at liberty to take appropriate action in accordance with law after giving opportunity of hearing.
Law Points
- Natural justice
- Audi alteram partem
- Cancellation of appointment without hearing
- Writ of certiorari
- Writ of mandamus
