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ANDHRA PRADESH HIGH COURT AT AMARAVATI
K. Manmadha Rao, J.
S. Sridevi – Appellant
Versus
State of Andhra Pradesh & Ors. – Respondents
Writ Petition No. 30405 of 2021
Decided On : 18-07-2022
NATURAL JUSTICE - TERMINATION OF SERVICE - PRINCIPLES OF NATURAL JUSTICE VIOLATED - TERMINATION ORDER SET ASIDE - MATTER REMANDED FOR FRESH ENQUIRY - WRIT PETITION ALLOWED.
Fact of the Case:
Petitioner, a Micro Irrigation Area Officer, was terminated from service without any prior notice or opportunity to be heard. He challenged the termination order, arguing that it violated the principles of natural justice.
Finding of the Court:
The court found that the termination order was passed without following the principles of natural justice, as the petitioner was not given any opportunity to explain his side of the story or to defend himself against the allegations.
Issues: Whether the termination of the petitioner's service was in violation of the principles of natural justice.
Ratio Decidendi: The court held that the termination order was in violation of the principles of natural justice, as the petitioner was not given any opportunity to be heard before the order was passed. The court relied on the Supreme Court decision in Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and others AIR 1999 SC 22, which held that the High Court has the discretion to entertain a writ petition even if an alternative remedy is available, where there has been a violation of the principles of natural justice.
Final Decision: The court set aside the termination order and remanded the matter to the concerned authority to conduct a fresh enquiry in accordance with law, within a period of eight weeks from the date of receipt of a copy of the order.
JUDGMENT
Dr. K. Manmadha Rao, J. - This petition is filed under Article 226 of the Constitution of India for the following relief:-
'to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in terminating my services without passing any order and without communicating any orders to the Petitioner and later preparing an order of termination by putting back date in Rc. No. APMIP/36/2019, dated 13.02.2020 issued by the Project Director A P Micro Irrigation Project, Visakhapatnam, is wholly illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India apart from being violative of principles of natural Justice and consequently declare that the petitioner is entitled to be continued in service as MIAO with all consequential benefits and pass such other order or orders......'
2. The case of the petitioner is that he was appointed as Micro Irrigation Area Officer on 3.5.2010. the Project Officer APMIP, Visakhapatnam issued notice in Rc. No. APMIP/11/2018 dated 7.2.2018 to submit his explanation that the petitioner and another MIAO are supporting M/s. Nagarjuna Fertilizers and company Private Limited and neglecting the other MI Companies basing on the false complaint made by the rival companies. Thereafter, the petitioner has submitted his explanation dated 13.2.2018 denying the allegations. However, the respondents orally insisting not to attend to duties and the petitioner voluntarily left the job. Thereafter, the Project Director, APMIP, Visakhapatnam issued proceedings in Rc. No. APMIP/73/2015, dated 16.4.2018 stating that the petitioner and another person are not eligible for the post of MIAO. However, while fixing the qualification vide Memo dated 9.9.2015 the Project Officer clarified that the existing employees could be continued and the existing vacancies are to be filled up with the newly prescribed qualifications. The respondents kept quiet for some time and again issued proceedings on 16.4.2018 without issuing any notice and without giving any opportunity to the petitioner. Challenging the same, the petitioner filed WP No. 16296 of 2018 before this Court and this Court granted interim order dated 2.5.2018 suspending the impugned termination order dated 16.4.2018 with a direction to continue the petitioner in service for two weeks and the said interim order was extended until further orders.
It is further stated that in pursuance of the above order, the petitioner was admitted to duty on 11.5.2018 in the post of Micro Irrigation Area Officer. However, on 23.12.2019 the petitioner was posted as Junior Assistant and his salary was reduced to Rs. 5000/- per month. Accordingly, the petitioner made representations on 18.3.2020 and 9.7.2020 requesting to continue the petitioner in service. In spite of repeated requests made by the petitioner the respondents have not continued the petitioner in service. Thereafter, conducted enquiry and the enquiry officer submitted his report on 25.11.2019. Basing on that, the Collector & District Magistrate-Chairman of Horticulture, Visakhapatnam vide Note No. 4 of Rc. No. APMIP/36/2019 dated 09.2.2020 issued orders stating that removing the petitioner from the service with immediate effect. Accordingly, vide Rc. No. APMIP/36/2019, dated 13.02.2020, the District Collector and Chairman, APMIP, Visakhapatnam ordered to withdraw the services of the petitioner and basing on the same, the petitioner was surrendered to the outsourcing agency w.e.f. 13.2.2020. Thereafter, the petitioner made representations dated 09.07.2020 to the respondents and also to continue her and to pay salary. However, the respondents did not take any action so far. Hence, the present writ petition.
3. Counter affidavit has been filed by the 4th respondent while denying all the averments made in the petition contended that the petitioner is misleading this Court by allegations again that no orders are communicated to her and only the
Termination without notice or opportunity to be heard violates natural justice principles, necessitating remand for proper inquiry.
Termination of services of a temporary employee without notice is arbitrary and unsustainable if the employee has been working in the organization for a long period of time.
Termination of employment without providing a reasonable opportunity to respond to allegations violates principles of natural justice and is deemed illegal.
The central legal point established in the judgment is the importance of conducting a detailed enquiry in accordance with the law and affording an opportunity to the petitioner, highlighting the viol....
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