Case Note & Summary
The petitioner, Sri B. S. Yogananda Kumar, was appointed as an Additional Government Advocate for Hunsur Taluk, Mysuru District, by an order dated 16.03.2013 for a period of three years or until further orders. He had 18 years of experience as a practicing advocate. Subsequently, there was a change of government in the State. The Chief Minister, by letter dated 18.09.2013, recommended the appointment of one Swamygowda, who belonged to the same caste as the Chief Minister. Consequently, the second respondent issued a notification dated 07.01.2014 terminating the petitioner's appointment without any notice or opportunity of hearing. The petitioner challenged this notification by way of a writ petition under Articles 226 and 227 of the Constitution of India, seeking a writ of certiorari to quash the impugned notification. The respondents, represented by the State, argued that the appointment was co-terminus with the pleasure of the government and could be terminated at any time. The court, after hearing both sides, observed that the impugned order was passed without affording any opportunity of hearing to the petitioner, which is a clear violation of the principles of natural justice. The court noted that the appointment was for a fixed term and the termination was stigmatic in nature. Relying on the principle of audi alteram partem, the court held that the impugned notification was unsustainable in law. Accordingly, the writ petition was allowed, and the impugned notification dated 07.01.2014 was quashed. The court directed the respondents to reinstate the petitioner as Additional Government Advocate with all consequential benefits.
Headnote
A) Constitutional Law - Principles of Natural Justice - Audi Alteram Partem - Termination of Government Advocate - The petitioner, appointed as Additional Government Advocate for a fixed term, was removed without any notice or opportunity of hearing. The court held that such termination, being stigmatic and without following natural justice, is unsustainable in law. (Paras 1-6) B) Service Law - Government Advocate - Termination - Fixed Term Appointment - The appointment order dated 16.03.2013 was for a period of three years or until further orders. The impugned order dated 07.01.2014 terminated the appointment without assigning any reason and without hearing the petitioner. The court held that the termination was arbitrary and violative of Article 14 of the Constitution. (Paras 2-6)
Issue of Consideration
Whether the impugned notification dated 07.01.2014 terminating the petitioner's appointment as Additional Government Advocate without affording him an opportunity of hearing is violative of principles of natural justice and liable to be quashed.
Final Decision
The writ petition is allowed. The impugned notification dated 07.01.2014 passed by the second respondent is quashed. The respondents are directed to reinstate the petitioner as Additional Government Advocate with all consequential benefits.
Law Points
- Principles of natural justice
- audi alteram partem
- termination of government advocate without notice
- writ of certiorari
- Articles 226 and 227 of Constitution of India
