Gujarat High Court
Administrative and Public LawConstitutional Law

An administrative order passed without the court-directed hearing violates natural justice and must be quashed.

NAVLEKAR KALPANA SURAJBHAI vs STATE OF GUJARAT

Gujarat High CourtJUDGMENT: October 13, 20262 MIN READSOURCE JUDGMENT
An administrative order passed without the court-directed hearing violates natural justice and must be quashed.. NAVLEKAR KALPANA SURAJBHAI vs STATE OF GUJARAT. Gujarat High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

In an earlier proceeding, the High Court permitted the petitioner to contest show-cause notices before the authority and directed the authority to provide an adequate opportunity of hearing and pass a reasoned order.

Source reference: para. 7

The respondent No. 2 subsequently passed an order dated 6 August 2026.

Source reference: paras. 2–3

The petitioner challenged it, and its operation was stayed pending final hearing.

Source reference: paras. 2–3

The State’s counsel acknowledged that the order had been passed without giving the petitioner an opportunity of hearing and tendered an unconditional apology on behalf of respondent No. 2.

Source reference: para. 4

Respondent No. 3 referred to earlier show-cause notices, but did not dispute that the impugned order was passed without a hearing.

Source reference: para. 5
02

Issues

Whether the order dated 6 August 2026, passed without providing the petitioner an opportunity of hearing, violated the principles of natural justice and the earlier directions of the High Court.

Source reference: paras. 7–8

Whether the impugned order should be set aside and the proceedings reconsidered after hearing the petitioner.

Source reference: para. 8
03

Law Applied

The Court applied the principles of natural justice, including the requirement to provide an affected person an adequate opportunity of hearing before making an adverse decision.

Source reference: no citation

It also applied its earlier direction in Special Civil Application No. 8404 of 2026, which required the authority to permit the petitioner to present her defences and thereafter pass a reasoned order.

Source reference: para. 7

No statute or other precedent was identified as the basis of the Court’s decision.

Source reference: no citation
04

Reasoning

The earlier order expressly required the authority to provide an adequate opportunity of hearing and issue a reasoned decision.

Source reference: para. 7

The Court found that the impugned order had been made without the required hearing, contrary both to that direction and to the principles of natural justice.

Source reference: para. 8

It rejected respondent No. 2’s explanation that the omission resulted from a bona fide mistake, while issuing a caution rather than taking an adverse view of the officer’s conduct.

Source reference: para. 8
05

Holding

The Court held that the impugned order was passed in gross violation of natural justice and its earlier directions, and quashed and set it aside.

It restored the proceedings to the stage of the petitioner’s reply to the show-cause notice and directed respondent No. 2 to issue a fresh hearing notice, hear the parties, and pass a reasoned order in accordance with law.

Source reference: paras. 8(II)–(IV)

The proceedings were to be completed within two months of receipt of the judgment, with the parties to cooperate.

Source reference: para. 8(V)

Any adverse order was not to be implemented for two weeks until served on the petitioner.

Source reference: para. 10

The petition was disposed of.

Source reference: para. 11
Gujarat High Court

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NAVLEKAR KALPANA SURAJBHAIvsSTATE OF GUJARAT

Gujarat High Court · October 13, 2026

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