Vidya Prasarak Mandal, Through President, Mr. N. S. Survase And ANR v. State Of Maharashtra, Through Principal Secretary, Primary School Education And ORS

skc 910-WP-860-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 860 OF 2014 Vidya Prasarak Mandal & Anr.

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Petitioners versus The State of Maharashtra & Ors.

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Respondents Mr. J. G. Reddy (Aradwad) for Petitioners.

Mr. V. B. Thadhani - AGP for State - Respondent Nos. 1 and 2. Mr. Vijay Killedar for Respondent No. 3.

CORAM:

V. M. KANADE AND M. S. SONAK, JJ.

DATE :

29 JULY 2016 P.C.:

1] The grievance of the petitioners is that the impugned order has been passed by the Administrative Officer, Solapur, without giving a personal hearing to the petitioners. On this ground alone, the impugned order is liable to be set aside.

2] It is well settled that if any order entail adverse civil consequences then it is the duty of the authority to give show cause notice and personal hearing to the party who is likely to be aggrieved and thereafter pass a reasoned order. The impugned order therefore is set aside. We however give liberty to the respondent no.3 to issue fresh show cause notice to the petitioners. Thereafter competent authority under the RTI Act to give hearing to the petitioners and consider the case on merits and in accordance with law and decide the same by passing a reasoned order.

3] Writ petition is disposed of accordingly.

(M. S. SONAK, J.) (V. M. KANADE, J.) chandka