VidhiSangh

Supreme Court of India · 21/11/2019

AURANGABAD MUNICIPAL CORPORATION THR. ITS COMMISSIONER ETC. versus JAYANT S/O SARVOTTAMRAO KHARWADKAR ETC. & ORS.

[2019] 17 S.C.R. 986 · 2019 INSC 1272

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Summary

A municipal employee was reverted from Town Planner to Sectional Engineer without notice or hearing. The Supreme Court quashed the reversion for breach of natural justice and left the corporation free to proceed according to law. It declined to adjudicate the broader service merits and clarified that the High Court’s reasons would not bind any fresh proceedings. A prior unreasoned refusal of special leave did not foreclose review in the High Court.

Issues

  1. Whether the prior refusal of special leave barred High Court review.
  2. Whether reversion without hearing was lawful.
  3. Whether the substantive service issues required adjudication.

Held

Result

Appeals allowed to the stated extent without costs. The reversion order of 28 August 2002 was quashed for breach of natural justice, with liberty for lawful further action. The Court specified initiation within two months of receipt of a certified copy and completion within four months of its order; substantive rights remained open.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 986.