SURESH PANDURANG PATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri P. C. Madkholkar, the learned Counsel for the petitioner, Shri Khubalkar, the learned Assistant Government Pleader for the respondent Nos. 1 and 2 and Shri Prashant Shende, the learned Counsel for the respondent No. 3.

(2.) THE learned Counsel for the petitioner states that the petitioner was nominated as a Board Member of the Maharashtra Secondary and Higher secondary Education Board, Amravati Division, Amravati vide gazette notification published in the Official Gazette dated 9-9-2002 vide order dated 4-9-2002. The petitioner was appointed in the category of Lecturer in junior College. The petitioner is sought to be removed by the order dated 9-6-2003 without observing the principles of natural justice and without issuing show-cause notice and, therefore, the action on the part of the respondents is illegal and bad in law.

(3.) IT is contended that no show-cause notice was issued nor any explanation was called before order of removal was passed. The order of removal is in gross violation of principles of natural justice and amounts to abuse of due process of law and, therefore, liable to be quashed and set aside.