Case Note & Summary
The case involves multiple writ petitions filed by employees of the Agricultural Produce Marketing Committee (APMC) challenging orders of reversion passed by the State of Karnataka. The petitioners, including Sri K Manohara and Sri Muthanna, were working as Internal Auditor and other positions in APMC, Siruguppa, Ballari District. The State Government passed orders on 28.02.2012 reverting them to lower posts without issuing any show cause notice or affording them an opportunity of hearing. The petitioners challenged these orders before the Karnataka State Administrative Tribunal, which dismissed their applications on 29.04.2016. Aggrieved, they filed writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The main legal issue was whether the reversion orders were illegal and arbitrary for violating principles of natural justice and being contrary to Rule 8(III) and 13 of the CCA Rules read with Sections 50 and 56 of the APMC Act. The petitioners argued that the orders were passed without authority of law and without any prior notice. The respondents contended that the orders were valid. The court analyzed the provisions and found that the impugned orders were passed without following the mandatory procedure of issuing show cause notice and providing an opportunity of hearing. The court held that such orders are violative of natural justice and cannot be sustained. Consequently, the court allowed the writ petitions, quashed the orders of the Tribunal and the State Government, and directed that the petitioners be reinstated to their original positions with all consequential benefits.
Headnote
A) Service Law - Reversion - Natural Justice - CCA Rules - APMC Act - The petitioners, employees of APMC, were reverted by the State Government without issuing any show cause notice or affording opportunity of hearing. The court held that such orders are violative of principles of natural justice and contrary to Rule 8(III) and 13 of CCA Rules read with Sections 50 and 56 of the APMC Act. The impugned orders were quashed and set aside. (Paras 1-10) B) Administrative Law - Show Cause Notice - Opportunity of Hearing - CCA Rules - The court held that any order affecting the service conditions of an employee, including reversion, must be preceded by a show cause notice and a reasonable opportunity of hearing. Failure to do so renders the order illegal and arbitrary. (Paras 1-10)
Issue of Consideration
Whether the orders of reversion passed by the State Government against the petitioners are illegal and arbitrary for being passed without show cause notice and without affording opportunity of hearing, and whether such orders are contrary to Rule 8(III) and 13 of CCA Rules read with Sections 50 and 56 of the APMC Act.
Final Decision
The writ petitions are allowed. The order dated 29.04.2016 passed by the Karnataka State Administrative Tribunal and the order dated 28.02.2012 passed by the State Government are quashed. The petitioners are entitled to be reinstated to their original positions with all consequential benefits.
Law Points
- Natural Justice
- CCA Rules
- APMC Act
- Reversion
- Show Cause Notice
- Opportunity of Hearing
