Case Note & Summary
The petitioner, Khizer Salim Mirza, was appointed as an Assistant Teacher with the Zilla Parishad, Beed. He was dismissed from service by order dated 21.06.2002 without any departmental inquiry. The petitioner challenged the dismissal by filing a writ petition under Article 226 of the Constitution of India. The court found that the dismissal order was passed without affording any opportunity of hearing to the petitioner and without following the procedure prescribed under the Maharashtra Zilla Parishads and Panchayat Samitis (Discipline and Appeal) Rules, 1964. The court held that the order of dismissal was in gross violation of principles of natural justice and therefore liable to be set aside. The court directed the respondents to reinstate the petitioner with continuity of service and all consequential benefits.
Headnote
A) Service Law - Dismissal - Natural Justice - Audi Alteram Partem - Maharashtra Zilla Parishads and Panchayat Samitis (Discipline and Appeal) Rules, 1964 - Petitioner was dismissed from service without any departmental inquiry and without considering his explanation - Held that dismissal order passed in violation of principles of natural justice is void ab initio and liable to be quashed (Paras 1-10).
Issue of Consideration
Whether the dismissal of the petitioner from the post of Assistant Teacher without holding a proper departmental inquiry and without giving him an opportunity of hearing is legal and sustainable.
Final Decision
The court allowed the writ petition, quashed the dismissal order dated 21.06.2002 and the confirmation order dated 10.09.2009, and directed the respondents to reinstate the petitioner with continuity of service and all consequential benefits.
Law Points
- Natural Justice
- Audi Alteram Partem
- Dismissal Without Inquiry
- Violation of Service Rules
- Article 226 Constitution of India
Case Details
2017 LawText (BOM) (10) 9
Writ Petition No. 891 of 2010
R.D. Dhanuka, Sunil K. Kotwal
Mr. B.A. Dhenle for petitioner, Mr. S.N. Morampalle (AGP) for State, Mr. N.L. Jadhav for respondent Nos.3 & 4
Khizer Salim s/o Barkattulla Mirza
The State of Maharashtra, The Divisional Commissioner Aurangabad, The Zilla Parishad Beed, The Education Officer (Primary) Zilla Parishad Beed
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging dismissal order.
Remedy Sought
Petitioner seeks quashing of dismissal order dated 21.06.2002 and confirmation order dated 10.09.2009, and direction for reinstatement with continuity of service.
Filing Reason
Petitioner was dismissed from service without any departmental inquiry and without opportunity of hearing.
Previous Decisions
Dismissal order dated 21.06.2002 was confirmed by respondent No.3 on 10.09.2009.
Issues
Whether the dismissal of the petitioner without holding a departmental inquiry is valid.
Whether the principles of natural justice were violated.
Submissions/Arguments
Petitioner argued that he was dismissed without any inquiry and without giving him an opportunity to explain.
Respondents argued that the dismissal was justified as per rules.
Ratio Decidendi
Dismissal from service without holding a departmental inquiry and without affording an opportunity of hearing is in violation of principles of natural justice and cannot be sustained.
Judgment Excerpts
This petition is filed under Article 226 of the Constitution of India to quash and set aside the order dated 10.09.2009 passed by respondent No.3 confirming the dismissal order dated 21.06.2002.
The petitioner was dismissed from service without any departmental inquiry and without giving him an opportunity of hearing.
Procedural History
Petitioner was dismissed on 21.06.2002. He filed an appeal which was dismissed on 10.09.2009. Thereafter, he filed the present writ petition in 2010.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Zilla Parishads and Panchayat Samitis (Discipline and Appeal) Rules, 1964:
