Case Note & Summary
The petitioners, employees of the Postal Department, filed writ petitions challenging adverse orders passed by the Scheduled Tribes Caste Certificate Scrutiny Committee, Nagpur, which invalidated their caste certificates without providing them an opportunity of hearing. The court noted that the committee had passed the orders without following principles of natural justice. The court set aside the impugned orders and remanded the matters back to the committee for fresh consideration, directing that the petitioners be given a reasonable opportunity of hearing. The court also directed that the petitioners' services not be disturbed until the committee passes fresh orders.
Headnote
A) Service Law - Caste Certificate Scrutiny - Natural Justice - Opportunity of Hearing - The Scheduled Tribes Caste Certificate Scrutiny Committee passed adverse orders against the petitioners without affording them an opportunity of hearing - Held that such orders are violative of principles of natural justice and are liable to be set aside (Paras 1-5).
Issue of Consideration
Whether the Scheduled Tribes Caste Certificate Scrutiny Committee can pass an adverse order against an employee without providing an opportunity of hearing?
Final Decision
The court allowed the writ petitions, set aside the impugned orders, and remanded the matters back to the committee for fresh consideration after providing the petitioners a reasonable opportunity of hearing. The court also directed that the petitioners' services not be disturbed until the committee passes fresh orders.
Law Points
- Natural justice
- opportunity of hearing
- caste certificate scrutiny
- service law
- adverse order without hearing
