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IN THE HIGH COURT OF BOMBAY AT GOA
F.M. REIS & K.L. WADANE, JJ.
Raffles Square Development Pvt.Ltd. - Petitioners.
Versus
State of Goa, - Respondents.
STAMP NUMBER MAIN NO.2681/2015
Decided on : 31-8-2015
Natural Justice - Impugned Order - The court found that the impugned order dated 26th August, 2015 stood vitiated for the breach of the principles of natural justice as the petitioners were not given a hearing prior to passing of such orders.
Fact of the Case:
The court considered whether the impugned Order dated 26th August, 2015 stands vitiated for the breach of the principles of natural justice as the petitioners were not given a hearing prior to passing of such orders.
Finding of the Court:
The court found that the impugned order stood vitiated for the breach of the principles of natural justice and quashed and set it aside. The respondents were directed to proceed to take action against the petitioners, if so advised, after serving a show cause notice to the petitioners and giving them an opportunity of hearing, in accordance with law.
Issues: The main issue was whether the impugned order stood vitiated for the breach of the principles of natural justice.
Ratio Decidendi: The court clarified that it examined the rival contentions only on the short point of breach of natural justice and did not consider the merits of the alleged action initiated by the respondents.
Final Decision: The impugned order dated 26th August, 2015 was quashed and set aside. The respondents were directed to proceed to take action against the petitioners, if so advised, after serving a show cause notice to the petitioners and giving them an opportunity of hearing, in accordance with law. All the contentions of the parties were left open.
The issue in this case was whether the impugned order dated 26th August, 2015 was vitiated due to a breach of the principles of natural justice, specifically whether the petitioners were given an opportunity to be heard prior to the passing of the order (!) [4000501360002].
F.M. REIS, J.
1. Heard Mr. Nitin Sardesai, learned Senior Counsel appearing for the petitioner and Mr. A.N. S. Nadkarni, learned Senior Counsel appearing for the respondents.
2. Rule. Heard forthwith, with the consent of the learned Counsel. Learned Counsel appearing for the respondents waives service.
3. Upon hearing the learned Counsel appearing for the respective parties, without going into the merits of the rival contentions, a short point for consideration before this Court is, whether the impugned Order dated 26th August, 2015 stands vitiated for the breach of the principles of natural justice as the petitioners were not given a hearing prior to passing of such orders ?
4. Mr. A.N.S. Nadkarni, learned Advocate General appearing for the respondents fairly states that in fact, the petitioners were not heard before such impugned orders came to be passed. In such circumstances, we find that the impugned order stands vitiated for the breach of the principles of natural justice. We clarify that we have examined the rival contentions only on this short point and not considered the merits of the alleged action initiated by the respondents.
5. In view of the above, we pass the following :
ORDER
(I) The impugned order dated 26th August, 2015 is quashed and set aside.
(II) The respondents may proceed to take action against the petitioners, if so advised, after serving a show cause notice to the petitioners and giving the petitioners an opportunity of hearing, in accordance with law. All the contentions of the parties are left open.
(III) Rule is made absolute in the above terms.
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