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Court Quashes Termination of Govt Employee, Orders Notional Service for Pensionary Benefits

2024-06-12

Subject: - Service Law

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Court Quashes Termination of Govt Employee, Orders Notional Service for Pensionary Benefits

Supreme Today News Desk

### Background In this case, a government employee was terminated from service by the first respondent Board following a disciplinary proceeding. The employee challenged the termination order, and after his passing, his legal heirs were impleaded as additional petitioners. ### Arguments The main ground of challenge was that the employee was not served with a copy of the inquiry report, violating the principles of natural justice. The petitioners relied on the Supreme Court judgment in Managing Director, ECIL Hyderabad & Ors. v. B. Karunakar & Ors. , which held that the inquiry report must be provided to the delinquent employee before it is accepted by the disciplinary authority. The respondents, on the other hand, argued that the employee had failed to participate in the inquiry proceedings and had challenged the punishment order in an appeal after obtaining a copy of the inquiry report. They contended that no prejudice was caused to the employee due to the non-supply of the inquiry report. ### Court's Analysis and Reasoning The court noted that the employee had submitted medical certificates and leave applications explaining his absence from duty due to his medical condition. However, the respondents had rejected the leave application without properly communicating the decision to the employee. The court held that the non-supply of the inquiry report to the employee prior to its acceptance by the disciplinary authority had caused grave prejudice to him, which could not be cured or mitigated in an appeal. The court relied on the Supreme Court's ruling in Karunakar 's case , which emphasized the importance of providing the inquiry report to the delinquent employee to ensure a fair and just procedure. ### Decision The court quashed the termination orders and directed that the period of the employee's absence from service be notionally treated as service for all pensionary benefits, without eligibility for salary. This decision ensures that the employee's rights are protected, despite the procedural lapses in the disciplinary proceedings.

#LaborLaw #DisciplinaryProceedings #NaturalJustice

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