Case Note & Summary
The petitioner, Sri S.M. Basavaraju, was a Chief Engineer in the Bangalore Water Supply and Drainage Board (BWSSB). He joined the Board on 01.02.1980 as Assistant Engineer and rose to the rank of Chief Engineer. By a notification dated 28.06.2012 issued under Section 3(3)(b) of the Bangalore Water Supply and Sewerage Act, 1964, he was nominated as a Member of the Board. However, by a subsequent notification dated 05.11.2013, the respondent, the State of Karnataka, withdrew his nomination without any prior notice or opportunity of hearing. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of the impugned notification. The Court observed that the impugned notification did not disclose any reason for the withdrawal and was issued without affording the petitioner an opportunity of being heard. The Court held that the withdrawal of nomination without following principles of natural justice was unsustainable. Consequently, the Court allowed the petition and quashed the impugned notification dated 05.11.2013.
Headnote
A) Administrative Law - Natural Justice - Withdrawal of Nomination - Section 3(3)(b) of Bangalore Water Supply and Sewerage Act, 1964 - The petitioner was nominated as a Member of the Board under Section 3(3)(b) of the Act. The respondent issued a notification withdrawing the nomination without any notice or opportunity of hearing. The Court held that the withdrawal of nomination without affording an opportunity of hearing is violative of principles of natural justice and quashed the impugned notification. (Paras 1-4) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - The petitioner challenged the notification withdrawing his nomination as a Member of the Board. The Court, exercising its writ jurisdiction, found that the impugned notification was issued without any reason and without hearing the petitioner, and thus set it aside. (Paras 1-4)
Issue of Consideration
Whether the impugned notification withdrawing the nomination of the petitioner as a Member of the Bangalore Water Supply and Sewerage Board is valid and sustainable in law.
Final Decision
The petition is allowed. The impugned notification dated 05.11.2013 (Annexure-A) is quashed.
Law Points
- Natural justice
- Right to be heard
- Withdrawal of nomination
- Section 3(3)(b) of Bangalore Water Supply and Sewerage Act
- 1964
- Articles 226 and 227 of Constitution of India
