Case Note & Summary
The petitioner, Raj Hiteshkumar Patel, was appointed as a Town Planner by the Mehsana Municipality on 02.12.2015. On 10.10.2019, the respondent No.3 passed an order terminating his services without any prior notice or departmental enquiry. The petitioner challenged this termination before the appellate authority (respondent No.1), which dismissed his appeal on 27.01.2021. Aggrieved, the petitioner filed a writ petition under Articles 14, 16, and 226 of the Constitution of India seeking quashing of the termination order, the resolution dated 31.01.2020, and the appellate order, along with reinstatement with full back wages and continuity of service. The court heard the parties and noted that the termination was effected without any show cause notice or enquiry, violating principles of natural justice. The court held that the termination order was illegal and set it aside. However, considering that the petitioner had not worked for a long period and no mala fides were alleged, the court directed reinstatement without back wages but with continuity of service for all purposes except monetary benefits for the intervening period. The court also directed that the petitioner be treated as having been in continuous service for the purpose of retiral benefits.
Headnote
A) Service Law - Termination - Natural Justice - Audi Alteram Partem - Section 59 of Gujarat Provincial Municipal Corporations Act, 1949 - Petitioner was appointed as Town Planner and terminated without any enquiry or show cause notice - Court held that termination without following principles of natural justice is illegal and set aside the termination order - Held that the order of termination dated 10-10-2019 and the appellate order dated 27-01-2021 are quashed (Paras 4-10). B) Service Law - Reinstatement - Back Wages - Section 25 of Industrial Disputes Act, 1947 - Petitioner sought reinstatement with full back wages - Court directed reinstatement but denied back wages as petitioner was not in service for a long period and no mala fides were proved - Held that reinstatement is granted without back wages but with continuity of service (Paras 11-13).
Issue of Consideration
Whether the termination of the petitioner without holding any departmental enquiry and without giving any opportunity of hearing is legal and valid.
Final Decision
The court allowed the petition in part. The order of termination dated 10-10-2019, the resolution dated 31-01-2020, and the appellate order dated 27-01-2021 were quashed and set aside. The respondents were directed to reinstate the petitioner in service with continuity of service but without back wages. The petitioner was to be treated as having been in continuous service for the purpose of retiral benefits.
Law Points
- Natural Justice
- Audi Alteram Partem
- Termination without enquiry
- Section 59 of Gujarat Provincial Municipal Corporations Act
- 1949
- Section 25 of Industrial Disputes Act
- 1947
