Case Note & Summary
The petitioner, Dr. K.M. Hosamani, a Professor of Organic Chemistry at Karnatak University, Dharwad, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the resolution No.36 dated 11.01.2013 passed by the Syndicate of the respondent-University and the consequential office order dated 12.01.2013 terminating his services. The petitioner was issued Articles of Charges on 12.03.2011 alleging sexual harassment of a research student, Ms. Ramya V. Shinglapur, including demands for money, non-approval of her thesis, and misappropriation of funds. An inquiry was conducted, and the inquiry officer submitted a report. However, the Syndicate, without furnishing a copy of the inquiry report to the petitioner and without affording him an opportunity of hearing, passed the resolution terminating his services. The petitioner contended that this violated principles of natural justice. The court, after hearing arguments from both sides, held that the failure to supply the inquiry report and provide a hearing before imposing the major penalty of termination rendered the proceedings illegal and arbitrary. The court quashed the resolution and the order, allowing the writ petition.
Headnote
A) Service Law - Termination - Natural Justice - Inquiry Report - The petitioner, a Professor, was terminated based on an inquiry report without furnishing a copy of the report or providing an opportunity of hearing. The court held that the failure to supply the inquiry report and hear the petitioner before imposing the penalty of termination vitiates the entire disciplinary proceedings. (Paras 4-6) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 - The High Court can quash an order passed in violation of principles of natural justice. The court allowed the writ petition and quashed the impugned resolution and order. (Paras 1-6)
Issue of Consideration
Whether the resolution of the Syndicate dated 11.01.2013 and the consequential order dated 12.01.2013 terminating the petitioner from service are illegal and arbitrary for want of compliance with principles of natural justice?
Final Decision
The court allowed the writ petition and quashed the resolution No.36 dated 11.01.2013 and the order dated 12.01.2013.
Law Points
- Natural Justice
- Right to be heard
- Inquiry report must be furnished before punishment
- Termination without opportunity is illegal
- Articles 226 and 227 of Constitution of India
