Case Note & Summary
The petitioner, Anjuben Kalubhai Chaudhary, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court seeking quashing of an order dated 27/05/2022 passed by the Director General of Police and Inspector General of Police, which cancelled her appointment as Unarmed Police Constable (Female). The petitioner had been selected and issued an appointment order on 27/05/2020, but the same was cancelled without any show cause notice or opportunity of hearing. The court examined the facts and found that the cancellation order was passed in gross violation of the principles of natural justice, specifically the audi alteram partem rule. The court noted that the petitioner was not given any opportunity to explain or defend herself before the adverse order was passed. The court relied on the settled legal position that any order passed without affording a hearing is void ab initio. Consequently, the court quashed the impugned order and directed the respondents to issue the appointment order from 27/05/2020 with all consequential benefits, including continuity of service and salary. The court also directed that the petitioner be allowed to join duty forthwith.
Headnote
A) Service Law - Appointment - Cancellation - Principles of Natural Justice - Audi Alteram Partem - The petitioner's appointment as Unarmed Police Constable (Female) was cancelled by order dated 27/05/2022 without any show cause notice or opportunity of hearing - The court held that the cancellation order was passed in gross violation of principles of natural justice and quashed the same - The respondents were directed to issue appointment order from 27/05/2020 with all consequential benefits (Paras 1-17).
Issue of Consideration
Whether the order dated 27/05/2022 cancelling the appointment of the petitioner as Unarmed Police Constable (Female) is sustainable in law when the same was passed without affording any opportunity of hearing to the petitioner.
Final Decision
The court allowed the petition, quashed the order dated 27/05/2022, and directed the respondents to issue the appointment order from 27/05/2020 with all consequential benefits, including continuity of service and salary. The petitioner was directed to be allowed to join duty forthwith.
Law Points
- Principles of Natural Justice
- Audi Alteram Partem
- Cancellation of Appointment without Hearing
- Violation of Article 14
- 16 of Constitution of India
