Case Note & Summary
The petitioner, Smt. K.N. Sharadadevi, was appointed as Principal In-Charge of APS College of Arts and Science, Bengaluru, on 11.02.2020, being the senior-most faculty member. She was discharging her duties successfully. The fourth respondent, Dr. B. Jayashree, an Associate Professor in Physics, was junior to the petitioner and had been lobbying with the second respondent since 2017. The petitioner was aggrieved by two orders: one dated 12.03.2020 and another dated 18.05.2020 (Annexures A and B), which removed her from the post of Principal In-Charge. She filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of those orders and a direction to continue her as Principal In-Charge. The court noted that the impugned orders were passed without any notice or opportunity of hearing to the petitioner, in gross violation of the principles of natural justice. The court held that no order adverse to a person can be passed without affording an opportunity of hearing. Consequently, the court quashed Annexures A and B and directed that the petitioner be continued as Principal In-Charge pending disposal of the writ petition. The court also directed the respondents to permit the petitioner to function as Principal In-Charge until further orders.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Removal from Office - The petitioner, appointed as Principal In-Charge, was removed by orders dated 12.03.2020 and 18.05.2020 without any notice or opportunity of hearing - The court held that the orders were passed in gross violation of principles of natural justice and quashed them - Held that no order adverse to a person can be passed without affording an opportunity of hearing (Paras 4-5). B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Interim Relief - The petitioner sought quashing of Annexures A and B and continuation as Principal In-Charge - The court, finding prima facie violation of natural justice, directed that the petitioner be continued as Principal In-Charge pending disposal of the writ petition - Held that interim protection is necessary to prevent irreparable injury (Paras 5-6).
Issue of Consideration
Whether the orders dated 12.03.2020 and 18.05.2020 removing the petitioner from the post of Principal In-Charge are liable to be quashed for violation of principles of natural justice?
Final Decision
The court quashed Annexures A and B (orders dated 12.03.2020 and 18.05.2020) and directed that the petitioner be continued as Principal In-Charge of APS College of Arts and Science, Bengaluru, pending disposal of the writ petition. The respondents were directed to permit the petitioner to function as Principal In-Charge until further orders.
Law Points
- Natural Justice
- Audi Alteram Partem
- Writ Jurisdiction under Articles 226 and 227 of the Constitution of India
- Interim Relief
