Administrative Orders Devoid Of Reasons Not Inherently Illegal, But Authorities Not Encouraged To Pass Such Orders: Kerala High Court
The Kerala High Court recently quashed the order issued by the District Programme Co-ordinator of the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) terminating the services of six Quality Monitors for unsatisfactory work. Justice Raja Vijayaraghavan V noted that the impugned order had been passed merely on finding that the performance was unsatisfactory, without any...
The Kerala High Court recently quashed the order issued by the District Programme Co-ordinator of the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) terminating the services of six Quality Monitors for unsatisfactory work.
Justice Raja Vijayaraghavan V noted that the impugned order had been passed merely on finding that the performance was unsatisfactory, without any data being placed before the authority substantiating the same.
"No order of an administrative authority communicating its decision is rendered illegal on the grounds of absence of reasons ex-facie, and it is not open to the court to interfere with such orders merely on the grounds of absence of any reasons. However, it does not mean that the administrative authority is at liberty to pass orders without there being any reasons for the same," the Court observed.
The petitioners, who served as Quality Monitors for MGNREGS in Pathanamthitta District, filed a petition challenging their termination.
They argued that they were terminated retroactively without prior notice or a chance to provide their explanation. Although the termination order, dated 31.5.2023, indicates unsatisfactory performance, it does not offer any supporting evidence. The petitioners claimed that the termination order, devoid of reasons, infringes upon principles of natural justice and their constitutional rights.
The counter-affidavit stated that the Joint Programme Co-ordinator found the petitioners' performance to be unsatisfactory despite directives to improve, and no significant progress was observed.
The Court, on perusing the impugned order issued by the District Programme Co-ordinator, discerned that the Mission Director had only opined that the service of those Quality Monitors whose performance was not up to the mark ought to be terminated. However, there was no data placed before the District Programme Co-ordinator substantiating the same.
While administrative orders are not inherently illegal due to the absence of reasons, the court emphasized that authorities should not pass orders devoid of reasons. In this case, the order was deemed to be lacking in essential considerations and, thus, legally unsustainable.
The impugned order was thus quashed and the District Programme Co-ordinator was directed to the matter with notice to the petitioners and take an appropriate decision thereon.
Additionally, the respondents were instructed to ensure timely disbursement of the honorarium for the work performed by the petitioners during June.
The writ petition was disposed of accordingly.
Counsel for the Petitioners: Advocate Jestin Mathew
Counsel for the Respondents: Senior Government Pleader Surya Binoy
Citation: 2023 LiveLaw (Ker) 618
Case Title: Thomas Abraham & Ors. v. The Mission Director & Anr.
Case Number: W.P.(C) No. 22398 of 2023