Case Note & Summary
Petition challenging the termination of a contractor's license by the Zilla Parishad Palghar without a proper hearing. The court finds the termination unjust and disproportionate, primarily because it was based on an isolated incident unrelated to the contractor's professional duties. The court applies the Wednesbury principle of reasonableness and the proportionality test to conclude that the termination was unwarranted and sets aside the impugned order.
Introduction
Hearing of counsel for the parties, Rule made returnable forthwith with consent.Petition Details
Impugned order passed by Zilla Parishad Palghar on 26 February 2024 terminating Petitioner’s Contractor license without a hearing.Case Background
Unusual case of license termination due to alleged conduct of barging into a meeting, not due to work-related issues.Petitioner’s Background and Submission
Contractor’s license details, completion of various projects, no complaints regarding work.Show Cause Notice and Petitioner’s Reply
Allegation of unauthorizedly barging into a meeting, Petitioner’s explanation of the incident involving threats and self-defense.Petitioner’s Defense
No intent to disrupt meeting, mob upset over awarding contracts to unregistered contractors, disproportionate termination.Respondent’s Defense
Reliance on executive instruction for termination, Petitioner’s conduct deemed inappropriate.Court’s Analysis
Examination of facts and material, difficulty in sustaining Corporation’s action, no unsatisfactory work alleged.Application of Legal Principles
Reference to Wednesbury principle of reasonableness, action deemed disproportionate.Ignoring Relevant Considerations
Consistent satisfactory performance ignored, irrelevant considerations as basis for termination.Application of Irrationality Facets
Review of decision-maker’s evaluation, decision found unreasonable and unequal.Proportionality Principle
Action beyond necessary measures, courts closer to reviewing decision merits.Conclusion
Disruption of meeting insufficient ground for license cancellation, termination disproportionate.Court’s Order
Rule made absolute, impugned order quashed and set aside, no orders as to costs.Disposition
Petition disposed of with no orders as to costs.
Issue of Consideration: Himalay Manohar Patil versus The State of Maharashtra Ors.
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