Case Note & Summary
The Petitioners, who were employed as "Shikshan Sevaks," the High Court quashed the termination orders issued without due process. The Municipal Corporation is directed to issue fresh show cause notices and provide reasonable opportunities for the Petitioners to be heard. The court emphasizes procedural fairness, setting a 60-day timeline for final orders after hearing.
The High Court partially allowed the petitions challenging the termination orders issued to the Petitioners without providing an opportunity of hearing. The court quashed the impugned orders, citing a violation of principles of natural justice. The Municipal Corporation is instructed to issue fresh notices and follow proper procedure.
1. Rule Issued
The court issued Rule and made it returnable forthwith. The matter was heard with the consent of both parties.2-3. Prayer Clauses
The Petitioners sought to quash the termination orders and requested reinstatement with back wages.4. Petitioner's Employment Details
Petitioners were appointed as Shikshan Sevaks in primary schools. They were terminated on the basis of police character certificates, without a show cause notice.5. Acquittal of the Petitioner
The Petitioners were acquitted in earlier criminal cases, yet they were terminated without considering the acquittal orders.6. Corporation's Position
The Corporation opposed the petition but failed to prove that a show cause notice was issued before terminating the Petitioners.7. Court's Observation
The court found a violation of natural justice and deemed it appropriate to quash the termination orders, permitting the Corporation to issue fresh show cause notices within 15 days.8. Decision on Writ Petition 4158/2022
The termination order dated 17/12/2021 was quashed, and the Municipal Corporation was directed to follow due process, providing the Petitioner with an opportunity to be heard.9. Rule Made Partly Absolute
Rule made partly absolute, and the process outlined for fresh show cause notice.10-11. Writ Petition 4547/2022
A similar issue arose with another Petitioner, terminated after 25 months of service, again without a hearing.12. NC Closed, No Pending Criminal Cases
The Petitioner confirmed no pending criminal cases, yet was terminated without a hearing.13-14. Lack of Hearing
Like the previous case, the termination was quashed due to the absence of a show cause notice and a lack of opportunity for hearing.15-16. Conclusion
Rule made partly absolute. Both orders are restricted to the Petitioners' cases, with all contentions left open for future proceedings. Acts and Sections Discussed: Writ of Mandamus Principles of Natural Justice Article 226 of the Constitution of India (Issuance of writs) Quashing of Termination Orders Ratio Decidendi:The court held that terminating an employee without providing a reasonable opportunity of hearing violates principles of natural justice. A fresh notice and hearing are necessary to ensure fair treatment.
Subjects: Employment Law Termination Writ of Mandamus Natural Justice Quashing of Orders Show Cause Notice
Issue of Consideration: Kishor Sitaram Dongardive Versus Brihanmumbai Municipal Corporation & Anr.
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