The petitioner is aggrieved against the order passed by the second respondent dated 08.07.2016, wherein and whereby, the petitioner was called upon not to admit the students from August 2016 onwards, based on a proceedings issued by the first respondent in letter No.27864/S2/2013-5, dated 11.04.2016.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. A counter affidavit is filed by the respondents opposing the writ petition.
4. The main grievance of the petitioner before this Court is that the impugned order was passed in violation of principles of natural justice, as the petitioner was not put on notice before passing the said order. It is the further contention of the petitioner that the proceedings of the first respondent dated 11.04.2016, which was the basis for the impugned order dated 08.07.2016, was also passed against the interest of the petitioner, without affording an opportunity of hearing. Therefore, it is contended that punishing the petitioner without giving an opportunity of hearing, cannot be sustained.
5. The learned Special Government Pleader submitted that since an amount of Rs.1,54,000/- was re-paid by the petitioner, the first respondent issued a proceedings dated 11.04.2016 holding that the allegation made against the petitioner was proved and consequently, the second respondent has passed the impugned order. However, he is fair enough to admit that both the proceedings were passed without affording an opportunity of hearing to the petitioner.
6. Needless to say that the impugned proceedings are penal in nature and hence cannot be passed without putting the petitioner on notice and hearing them on merits. Therefore, without going into the merits of the matter, this Court is inclined to set aside the impugned order passed by the second respondent only on the ground of violation of K.RAVICHANDRABAABU,J.
mk principles of natural justice. Accordingly, this writ petition is allowed and the impugned order is set aside. However, the petitioner shall treat the impugned order as a show cause notice and place their objection before the respondents within a period of four weeks from the date of receipt of a copy of this order. On receipt of such objections, the respondents will consider the matter afresh and pass appropriate orders on merits and in accordance with law, within a period of four weeks, thereafter. No costs. Consequently, connected miscellaneous petitions are closed.
15.09.2017 Speaking/Non-speaking order Index : Yes/No mk To
1. The Secretary to Government Labour and Employment Department Fort St.George, Chennai-600 009.
2. The Director of Employment & Training Guindy, Chennai-32.
3. The Regional Joint Director (Training) Trichy Region, Khajah Malai, Trichy - 20.
W.P.No.27090 of 2016