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RAJANI DUBEY
Nohar Sai Kujur, S/o Late Shri Pachi Ram Kujur – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
RAJANI DUBEY, J.
1. The petitioner has filed the instant petition under Article 226 of the Constitution of India seeking following relief (S) :-
10.2 That, this Hon’ble Court may kindly be pleased to direct the respondents to reinstate to the petitioner in service with all consequential benefit (arrears, seniority promotion)
10.3. Any other relief, which this Hon’ble Court may deem fit.”
2. Brief facts of the case, as projected by the petitioner, are that the petitioner was appointed as Assistant Teacher and was working at Govt. Primary School, Sumairpur, Block Lundra, District Surguja (C.G.). The petitioner on account of his ill health was absent from 2007 to 23.04.2008, therefore, vide order dated 23.04.2008 (Annexure P/2), the services of the petitioner were terminated by the respondent No.3 due to unauthorized absent. Thereafter, on 09.05.2012, the petitioner preferred an appeal (Annexure P/3) against the order of termination. When no action was taken by the respondent No.2 on the appeal filed
Termination of service without a departmental enquiry and opportunity to be heard violates Article 311(2) of the Constitution of India.
Rule 5 of Central Civil Services (Temporary Service) Rules, 1965, reads as services of a temporary Government servant shall be liable to termination at any time by a notice in writing given either by....
A government servant cannot be dismissed without being informed of charges and given a reasonable opportunity to defend, as mandated by Article 311(2) of the Constitution.
Termination of service without a mandatory inquiry violates procedural safeguards, and authorities must justify any bypassing of these procedures.
Compulsory retirement of permanent government servants under Article 226(2) without due process equates to removal under Article 126(2), rendering the provisions unconstitutional and invalid.
A temporary employee is entitled to the same protection under Article 311(2) of the Constitution of India as permanent employees, especially against stigmatic termination without inquiry.
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