Wp 5154.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5154/2011 State of Maharashtra & Ors. Petitioners Vs Jitendra Gotugir Bawa & Ors. Respondents Mr.A.B.Vagyani,AGP for State Mr.N.V.Bandiwadekar & Mr.B.A.Bandiwadekar for Res. Coram-P.B.Majmudar, And Mrs.Mridula Bhatkar,JJ. Date- 8th July,2011. P.C. . By way of this petition, the State Government has challenged the order passed by the Maharashtra Administrative Tribunal in Original Application No.812/2009. The respondents-employees herein have challenged the order of termination passed by the State Government by which the employments of the concerned respondents have been terminated on the ground that the appointing authority has committed mistake in giving the Wp 5154.11 2 appointment orders. It is required to be noted that the concerned respondents applied on the basis of the public advertisement, they were interviewed and were selected. They have also come out successfully through the written examination. The concerned respondents have been appointed by the District Civil Surgeon, Thane and the concerned respondents have already served for about 9 to 10 months. Their services have been abruptly terminated on the ground that there are some irregularities in recruitment process and that the concerned Civil Surgeon committed irregularities in giving appointment orders to the concerned respondents. The Tribunal allowed the Original Application on the ground that no order which may result into civil consequences can be passed and it would not be just, fair and reasonable to pass such order without being heard to the concerned persons. The Tribunal quashed and set aside the order of termination and directed to reinstate the respondents herein with all consequential service Wp 5154.11 3 benefits. 2 It is submitted by the learned A.G.P. that since the concerned Civil Surgeon committed irregularities in the matter of conducting selection of the candidates, the services of the concerned persons were required to be terminated. It is submitted that the departmental action has already been taken against the Civil Surgeon. 3 We have heard the counsel for the parties and gone through the order of the Tribunal. It is not in dispute that on the basis of selection, the concerned employees continued to serve for more than 9 to 10 months. The concerned respondents were appointed in class IV posts i.e. Peon, ward boy and ward attendant. The concerned persons applied on the basis of public advertisement, and by a regular selection process after written examination, oral interview and medical examination they were appointed. Whether Wp 5154.11 4 the concerned Civil Surgeon has committed irregularities in selection process by appointing excess candidates or that some candidates are age barred is not a ground for terminating their services without giving them opportunity of being heard. When these employees continued for 9-10 months, as the case may be, atleast they were required to be heard on the point as to why their services should not be terminated and without following the principles of natural justice, the impugned order could not have been passed. The Tribunal has also given liberty to the State to follow due procedure and to give opportunity of being heard to the employees in case the State wants to pass fresh order of termination. In our view, the Tribunal has rightly held that since the order of termination is passed without hearing the employees, the same is required to be set aside. No order which may have civil consequences can be passed without giving opportunity of hearing to the concerned persons. Considering the said aspect, in our view, the Wp 5154.11 5 order passed by the Tribunal requires no interference at our hands. 4 However, if the State wants to pass fresh order, such order may be passed after giving opportunity of hearing to the concerned employees and in accordance with law. 5 The Writ Petition is dismissed accordingly. 6 In view of the above order, Civil Application is also disposed of. (P.B.Majmudar,J.) (Mrs.Mridula Bhatkar,J.) Wp 5154.11 6