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REMOVING SAMANA NAGAR COUNCIL PRESIDENT
High court quashes Punjab govt’s order
CHANDIGARH: The Punjab and Haryana HC quashed the Punjab government’s order removing the Samana nagar council president. A division bench of justice Harsimran Singh Sethi and justice Vikas Suri observed that order issued by department of local government was “totally cryptic and non-speaking”. The court noted that order failed to provide reasoning for the president’s removal.
The matter has now been remanded to state government for passing a fresh order after examining “whether the tion passed in the meeting-on the basis of which the petitioner is sought to be removed -was a valid meeting held as per the provisions of the Punjab Municipal Act, 1911, or not, and then only to decide whether the resolution of no-confidence motion passed in such meeting was in accordance with law”. The petitioner-resolution was filed by Ashwani Gupta, challenging the October 21 order of state government that removed him from post. The court observed that since petitioner had raised concerns about the validity of the meeting held on February 15, the state was required to consider those objections and provide reasoning if they were to be overruled. How-ever, the order passed by addi- th tional chief secretary showed that objection was neither con-sidered nor addressed, and no reasons were given for dismissing it, it added.
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A high court quashing a removal order means the court has set aside the order, often because it was issued in violation of legal principles, such as natural justice, or was procedurally flawed. The effect is that the removal is nullified, and the individual is considered to have been in continuous service as if the order was never passed. Examples include the quashing of an order removing an employee, an “encroachment” notice, or a criminal case. [1, 2, 3, 4]
Consequences of a quashed removal order
Order is a nullity: A quashed removal order is considered void and legally insignificant.
Continuous service: The individual is treated as having been in continuous service without any break.
Reinstatement: The question of reinstatement is often a “misnomer” because the employee has already legally continued in service.
Costs awarded: In some cases, the court may award costs to the petitioner. [1, 5, 6, 7, 8]
Grounds for quashing
A high court may quash an order on various legal grounds, including:
Violation of natural justice: If the order was issued without following principles of fair procedure, such as giving the person a chance to be heard.
Procedural flaws: If the order was made in disregard of mandatory legal provisions. For example, a criminal commitment order was quashed for ignoring statutory provisions regarding evidence, as described in this Punjab and Haryana High Court case.
Unjustified action: An order can be quashed if the underlying reason is deemed unjustified, such as the removal of employees for being appointed beyond notified vacancies.
Improper grounds: An order may be set aside if it was based on an incorrect interpretation of law or policy. [1, 2, 3, 9, 11]
Examples of quashed orders
Employee removal: The Punjab and Haryana High Court quashed the removal of a municipal council president for alleged misconduct, finding the act of distributing appointment letters was in line with policy.
Encroachment notice: A high court set aside a notice directing the removal of an “encroachment” on government land and directed the authorities to decide the lease proposal strictly according to a government resolution.
Criminal cases: A Punjab and Haryana High Court ruling directed that a man’s name be redacted from the e-courts portal after his FIR was quashed, so that the “remnants of such charge should not be allowed to haunt” him. [2, 3, 4]
AI responses may include mistakes.
[1] https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=7992
[2] https://timesofindia.indiatimes.com/city/bhubaneswar/high-court-sets-aside-rda-notice-directing-removal-of-encroachment-on-govt-land/articleshow/125114909.cms
[3] https://indialegalnews.com/2024/08/08/removal-order-quashed-highcourt-chandigarh/
[4] https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-right-to-be-forgotten-delete-man-name-fir-quashed-285706
[5] https://highcourtchd.gov.in/landmark_judgments/HC/English/Civil%20Revision_347_1960.pdf
[6] https://www.casemine.com/judgement/in/56b494bc607dba348f00ec34
[7] https://www.casemine.com/commentary/in/nullity-of-garnishee-orders-and-subsequent-executory-actions:-insights-from-surinder-nath-kapoor-v.-union-of-india/view
[8] https://ibclaw.in/ca-subject/directors-disqualification/
[9] https://highcourtchd.gov.in/landmark_judgments/HC/English/CWP_161_1971.pdf
[10] https://indiankanoon.org/search/?formInput=departmental+proceeding+quashed&pagenum=1
[11] https://www.livelaw.in/supreme-court/supreme-court-quashed-employees-termination-unadvertised-vacancies-307993
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