Case Note & Summary
The petitioner, Namdeo Sopan Arsale, was a Jail Guard who was promoted to the post of Jailor Grade-II. Subsequently, the Additional Director General of Police and Inspector General of Prison, Maharashtra State, Pune, issued an order dated 20.11.2014 cancelling his promotion abruptly without issuing any show cause notice or affording an opportunity of hearing. The cancellation was based on a judgment and order dated 24.09.2014 passed by the Maharashtra Administrative Tribunal, Mumbai Bench, in Original Application No.354/2014 (Chandrakant Rambhau Sangale vs. The Additional Director General of Police and the Inspector General of Prisons), to which the petitioner was not a party. The petitioner challenged both the Tribunal's order and the subsequent cancellation order before the Bombay High Court. The High Court, after hearing the parties, found that the cancellation of promotion without any notice or hearing was in gross violation of the principles of natural justice. The court noted that the petitioner was not a party to the Original Application and was not given any opportunity to present his case. Consequently, the court allowed the writ petition, quashed the impugned orders, and directed the respondents to restore the petitioner's promotion as Jailor Grade-II with all consequential benefits. The court also imposed costs of Rs.25,000 on respondent No.2, payable to the petitioner within four weeks.
Headnote
A) Service Law - Promotion - Cancellation Without Hearing - Violation of Natural Justice - The petitioner's promotion from Jail Guard to Jailor Grade-II was cancelled by the Additional Director General of Police and Inspector General of Prison based on a Tribunal order in an Original Application to which the petitioner was not a party. The court held that the cancellation without show cause notice or opportunity of hearing is unsustainable and set aside the impugned orders. (Paras 1-3)
B) Administrative Law - Natural Justice - Audi Alteram Partem - Any order adversely affecting a person's rights must be preceded by a notice and hearing. The impugned order dated 20.11.2014 cancelling promotion was passed without any notice to the petitioner, violating principles of natural justice. (Paras 2-3)
Issue of Consideration
Whether the cancellation of the petitioner's promotion from Jail Guard to Jailor Grade-II without issuing a show cause notice or affording an opportunity of hearing is violative of principles of natural justice.
Final Decision
The writ petition is allowed. The impugned judgment and order dated 24.09.2014 passed by the Maharashtra Administrative Tribunal, Mumbai Bench in Original Application No.354/2014 and the order dated 20.11.2014 issued by respondent No.2 are quashed and set aside. The respondents are directed to restore the promotion of the petitioner on the post of Jailor Grade-II with all consequential benefits. Respondent No.2 shall pay costs of Rs.25,000 to the petitioner within four weeks.
Law Points
- Natural Justice
- Audi Alteram Partem
- Cancellation of Promotion Without Hearing
- Administrative Law
- Service Law
Case Details
2016 LawText (BOM) (02) 19
Writ Petition No.11143 of 2014
Mr. Anand V. Patil [Indrale] for the Petitioner, Mr. S.B.Yawalkar, AGP for Respondent Nos.1 to 3 / State
The State of Maharashtra, The Additional Director General of Police & Inspector General of Prison, The Superintendent, Nanded Central Jail, Daulatrao Jadhav Prison Officers’ Training School, Yerwada, Pune, Shri Chandrakant Rambhau Sangle
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Nature of Litigation
Writ Petition challenging the judgment of Maharashtra Administrative Tribunal and subsequent order cancelling promotion.
Remedy Sought
Quashing of the Tribunal's judgment dated 24.09.2014 and the order dated 20.11.2014 cancelling promotion, and restoration of promotion with consequential benefits.
Filing Reason
The petitioner's promotion from Jail Guard to Jailor Grade-II was cancelled without any show cause notice or opportunity of hearing, based on a Tribunal order to which he was not a party.
Previous Decisions
Maharashtra Administrative Tribunal, Mumbai Bench, in Original Application No.354/2014 decided on 24.09.2014, and order dated 20.11.2014 by Additional Director General of Police and Inspector General of Prison cancelling promotion.
Issues
Whether the cancellation of promotion without show cause notice or opportunity of hearing violates principles of natural justice.
Submissions/Arguments
Petitioner argued that the impugned order cancelling promotion was passed without any notice or hearing, and he was not a party to the Original Application before the Tribunal.
Ratio Decidendi
Any order adversely affecting a person's rights must be preceded by a notice and hearing. Cancellation of promotion without show cause notice or opportunity of hearing is violative of principles of natural justice and unsustainable.
Judgment Excerpts
This Petition takes exception to the Judgment and Order dated 24th September, 2014, passed by the Maharashtra Administrative Tribunal, Mumbai Bench in Original Application No.354/2014, and also the order dated 20th November, 2014, issued by the Additional Director General of Police and Inspector General of Prison, Maharashtra State, Pune, thereby cancelling the appointment / promotion order of the petitioner on the post of Jailor Grade-II.
It is the case of the petitioner that, by the impugned order dated 20.11.2014, issued by the respondent No.2, thereby the promotion order of the petitioner from the post of Jail Guard to Jailor Grade-II has been cancelled abruptly without giving any show cause notice or opportunity of hearing.
The petitioner herein was not party to the Original Application No. 354/2014 [Chandrakant Rambhau Sangale Vs. The Additional Director General of Police and the Inspector General of Prisons], decided on 24th September, 2014, by the MAT, Mumbai.
Procedural History
The petitioner filed Original Application before the Maharashtra Administrative Tribunal which was decided on 24.09.2014. Subsequently, respondent No.2 issued order dated 20.11.2014 cancelling promotion. The petitioner then filed the present Writ Petition before the Bombay High Court.
