Petitioners sought to set aside termination of their services as Technical Assistants due to lack of enquiry. The court held that without a conducting an enquiry, the termination violated natural justice principles and ordered reinstatement.
Impugned termination proceedings set aside and petitioners directed to be reinstated into service.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE G. CHANDRAIAH
WRIT PETITION Nos. 32293 & 32294 of 2011
COMMON ORDER:
These writ petitions are filed seeking issuance of writ of mandamus, declaring the action of the respondent No.2 in issuing Proceedings Rc.No.150/HRM/2011 dated 29.07.2011, whereby and whereunder the petitioners services were terminated, as illegal, arbitrary and violative of principles of natural justice, and consequently set aside the same and direct the respondents to reinstate the petitioners into service, with all consequential benefits.
Since the cause of action in both the writ petitions arises out of the same proceedings, the writ petitions are taken up together for disposal by this common order.
Heard learned counsel for the petitioners and learned standing counsel for the respondents. The facts, in brief, are as follows:-
The petitioners are working as Technical Assistants under the control of the 2nd respondent since 2006, and posted at Allagadda Mandal, and later transferred to Rudravaram Mandal. On the ground that the petitioners committed financial irregularities, their services were terminated by the impugned proceedings. Aggrieved thereby, they filed the present writ petitions.
Learned counsel for the petitioners submit that, in similar facts and circumstances, while allowing W.P.No.24478 of 2011, this Court, by order dated 09.09.2011, directed the respondents to reinstate the petitioners into service forthwith, keeping it open for the respondent to take necessary steps in accordance with law, by issuing notice to the petitioners.
Learned counsel for the respondents submits that, on verification it is found that though notice was served, the petitioners failed to submit written statement and failed to appear for personal hearing, and the impugned proceedings have been passed only after service of notice to the petitioners.
From the material on record, it could be seen that without conducting enquiry, impugned order of termination was passed. Therefore, without going into merits, since the impugned order is in violation of principles of natural justice, the petitioner is entitled for the benefit of setting aside the same. Accordingly, the impugned order is set aside, and the 2nd respondent is directed to reinstate the petitioners into service. However, this order does not come in the way of authorities to take action under due process of law.
Accordingly, the writ petitions are disposed of. There shall be no order as to costs.
_________________________ JUSTICE G. CHANDRAIAH
19th December, 2011
KSM
3 issues framed by the court
Whether the termination order passed without conducting an enquiry violates the principles of natural justice.
Whether the impugned termination order should be set aside and service reinstated.
Whether the writ petition is maintainable despite the petitioners' failure to respond to the notice.
Technical Assistants
2nd Respondent
G. CHANDRAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
