Case Note & Summary
The petitioner, Altaf Ahmed Rasool Saheb Jakler, filed a writ petition before the Bombay High Court challenging a letter dated 10th July 2024 issued by respondent No.2, the Deputy Director of Education, and the consequential order dated 15th July 2024 passed by the Administrative Officer, Municipal Corporation, Primary Education Board, Solapur, whereby the proposal for approval of the petitioner-employee was cancelled. The petitioner contended that the cancellation was done without issuing any show cause notice, thereby violating the principles of natural justice. The court, after hearing the parties, observed that the impugned actions were taken without affording any opportunity of hearing to the petitioner. The court held that such cancellation without a show cause notice is unsustainable in law. Consequently, the court quashed and set aside the letter dated 10th July 2024 and the order dated 15th July 2024. The court directed that the proposal for approval of the petitioner be reconsidered afresh after giving an opportunity of hearing to the petitioner. The petition was disposed of accordingly. Rule was made absolute in those terms.
Headnote
A) Service Law - Education - Cancellation of Approval - Natural Justice - The petitioner's approval of appointment was cancelled by the Deputy Director of Education without any show cause notice - The court held that such cancellation without affording an opportunity of hearing is violative of principles of natural justice - The impugned letter and consequential order were quashed and set aside (Paras 1-3).
Issue of Consideration
Whether the cancellation of the petitioner's approval of appointment without issuing a show cause notice is sustainable in law.
Final Decision
The impugned letter dated 10th July 2024 and consequential order dated 15th July 2024 are quashed and set aside. The proposal for approval of the petitioner shall be reconsidered afresh after giving an opportunity of hearing to the petitioner. Rule made absolute accordingly.
Law Points
- Natural justice
- Show cause notice
- Cancellation of approval
- Education service
- Appointment approval
