Case Note & Summary
The judgment concerns two writ petitions filed by Kishor Sitaram Dongardive and Shrikant Govindrao Vaidya, both appointed as Shikshan Sevaks (primary school teachers) by the Brihanmumbai Municipal Corporation (BMC) pursuant to an advertisement dated 08/03/2019. The petitioners were selected and joined service on 01/02/2020 and 18/09/2019 respectively. After they submitted documents for verification, the BMC received police character certificates and terminated both petitioners on 17/12/2021 without issuing any show cause notice or granting an opportunity of hearing. The petitioners challenged the termination orders. The court found that the termination was in violation of principles of natural justice as no hearing was given. Additionally, the court noted that Kishor Dongardive had been acquitted in two criminal cases (Sessions Case No. 101 of 2010 and Sessions Trial No. 100 of 2010) and Shrikant Vaidya had no pending criminal cases. The court quashed the termination orders but granted liberty to the BMC to issue fresh show cause notices and pass reasoned orders within 60 days after giving a reasonable opportunity of hearing. The court clarified that the orders are restricted to these petitioners and all contentions are kept open.
Headnote
A) Service Law - Termination - Natural Justice - Audi Alteram Partem - No specific Act cited - Termination of a Shikshan Sevak by Brihanmumbai Municipal Corporation without issuing a show cause notice or granting an opportunity of hearing was held to be violative of principles of natural justice. The Court quashed the termination order and permitted the Corporation to issue a fresh show cause notice and pass a reasoned order within 60 days. (Paras 4-8, 13-14) B) Service Law - Recruitment - Police Character Certificate - No specific Act cited - The Court noted that the petitioners had been acquitted in criminal cases or had no pending cases, and the termination based on a police character certificate without hearing was unsustainable. (Paras 5, 12)
Issue of Consideration
Whether termination of employment without issuing a show cause notice and without granting an opportunity of hearing is sustainable in law.
Final Decision
Both writ petitions are partly allowed. The impugned termination orders dated 17/12/2021 are quashed and set aside with liberty to the Municipal Corporation to issue fresh show cause notices to the petitioners. Reasonable opportunity of hearing shall be granted and a final reasoned order shall be passed within 60 days from the date of service of notice. The petitioners shall cooperate and not avoid service. Rule made partly absolute in both petitions.
Law Points
- Natural justice
- audi alteram partem
- termination without show cause notice
- opportunity of hearing
- quashing of termination order
- liberty to issue fresh notice
