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. 7The respondent No. 2 subsequently passed an order dated 6 August 2026.
Source reference: paras. 2–3The petitioner challenged it, and its operation was stayed pending final hearing.
Source reference: paras. 2–3The 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. 4Respondent No. 3 referred to earlier show-cause notices, but did not dispute that the impugned order was passed without a hearing.
Source reference: para. 5Issues
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. 7–8Whether the impugned order should be set aside and the proceedings reconsidered after hearing the petitioner.
Source reference: para. 8Law 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 citationIt 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. 7No statute or other precedent was identified as the basis of the Court’s decision.
Source reference: no citationReasoning
The earlier order expressly required the authority to provide an adequate opportunity of hearing and issue a reasoned decision.
Source reference: para. 7The 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. 8It 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. 8Holding
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. 10The petition was disposed of.
Source reference: para. 11Original Court PDF
NAVLEKAR KALPANA SURAJBHAIvsSTATE OF GUJARAT
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