Case Note & Summary
The petitioner, M.B. Jayadevaiah, was employed as an Office Helper with the Bangalore Metropolitan Transport Corporation (BMTC). He was appointed as an Office Helper on 01.10.1997. However, by a General Establishment Order No.533/2002 dated 04.09.2002, his post was re-designated as Cleaner, effectively reverting him. Subsequently, an office order dated 15.03.2014 was issued by the second respondent confirming his status as Cleaner. The petitioner challenged both orders by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking a writ of certiorari to quash them. The petitioner contended that the reversion was made without any show cause notice or opportunity of hearing, violating principles of natural justice. The respondents argued that the reversion was based on a general policy and that the petitioner had accepted the change. The court examined the matter and found that the impugned orders were passed without affording any opportunity of hearing to the petitioner. The court held that such reversion without following the principles of natural justice is unsustainable. Consequently, the court allowed the writ petition, quashed the impugned orders, and directed the respondents to reinstate the petitioner to the post of Office Helper with all consequential benefits. The court also directed that the petitioner be notionally treated as continuing in the post of Office Helper for all purposes.
Headnote
A) Service Law - Reversion - Principles of Natural Justice - Audi Alteram Partem - The petitioner was reverted from the post of Office Helper to Cleaner without any show cause notice or opportunity of hearing - The court held that such reversion without affording an opportunity of hearing is violative of principles of natural justice - The impugned orders were quashed and the respondents were directed to reinstate the petitioner to the post of Office Helper with all consequential benefits (Paras 1-3).
Issue of Consideration
Whether the reversion of the petitioner from the post of Office Helper to Cleaner without issuing a show cause notice or providing an opportunity of hearing is violative of principles of natural justice.
Final Decision
Writ petition allowed. Impugned orders quashed. Respondents directed to reinstate petitioner to post of Office Helper with all consequential benefits, notionally treating him as continuing in that post.
Law Points
- Natural Justice
- Audi Alteram Partem
- Reversion without opportunity of hearing
- Violation of principles of natural justice
- Quashing of order
