Jasveer Kaur Alias Jasveer Kaur Ahluwalia Vs Municipal Corporation of Greater Bombay and 4 Ors.

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.305 OF 2009

¶2

Jasveer Kaur alias Jasveer Kaur Ahluwalia Vs. Municipal Corporation of Greater Bombay and others

¶3

.. Petitioner

¶4

.. Respondents

¶5

Mr. G. Walia for the petitioner. Ms. Geeta Jogalekar for the BMC.

¶6

CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 17TH FEBRUARY, 2009

¶7

P.C.

¶8

We have heard the learned counsel appearing for the

¶9

parties. By consent, the writ petition is taken up for final hearing.

¶10

It is not in dispute that neither the opportunity was granted

¶11

to the petitioner before the order dated 9.11.2008 was passed nor any show-cause notice was issued. The impugned order was passed on the basis that the petitioner has not acquired the requisite educational qualification as per the Government decision dated 28.6.1977. On this ground, the pension is denied to the petitioner. We wonder, as to how such an order stands to the scrutiny of law.

¶12

Be that as it may, we are not commenting on the merit or

¶13

otherwise of the order at this stage but the order is liable to be set aside simply on the ground of non-compliance of the principle of audi

¶14

alterem partem . We may also notice that even thereafter on 16^th December, 2008, the legal notice was served by the petitioner upon the respondent which has not been considered by the respondent.

¶15

In these circumstances, we set aside the order dated 9.11.2008. The Corporation shall hear the petitioner and take into consideration the details mentioned in Legal Notice dated 16^th December, 2008 which itself shows that the petitioner had even acquired the requisite qualification, and pass order within four weeks from today.

¶16

Writ petition stands disposed with the aforesaid directions. No order as to costs.

¶17

CHIEF JUSTICE

¶18

DR. D.Y. CHANDRACHUD, J.

Jasveer Kaur Alias Jasveer Kaur Ahluwalia v. Municipal Corporation of Greater Bombay and 4 Ors.

Case brief

What is this about?

What did the court decide?

Jasveer Kaur Alias Jasveer Kaur Ahluwalia v. Municipal Corporation of Greater Bombay and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Ukaram Bodha Vs the State of Maharashtra and Ors.

Vivek Travels Vs Rashtriya Chemicals and Fertilizers Ltd.

M/S. Whiz Enterprise Private Ltd. Vs M/S. Whiz Enterprises Private Limited and Jairam Masand

Jyoti Mahesh Gadhia Mumbai Vs Bharat Petrolium Corporation Ltd. and Anr.

The Best Employees Co-Operative Credit Society Ltd. Vs the Brihanmumbai Electric Supply Transport and Undertaking and 2 Ors.

Sandeep B. Umralkar and Another Vs the Manager Co-Operative Bank Limited and 9 Others