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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Rajneesh Lamba - Appellant
Versus
Union of India - Respondent
W.P.(C) 12749 of 2022
Decided On : 05-09-2022
| Table of Content |
|---|
| 1. order to dispose of the petition and application. (Para 1 , 2 , 8) |
| 2. challenging the show cause notice for service termination. (Para 3 , 4 , 5) |
| 3. court directs timely decision on petitioner's response. (Para 6 , 7) |
CM APPL. 38736/2022 (exemption)
1. Allowed, subject to just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 12749/2022 & CM APPL. 38735/2022 (stay)
3. Vide the present petition, the petitioner is seeking quashing of the show cause notice dated 20.05.2022 served upon him by the respondents for termination of his services by invoking powers under Section 10 of the SSB Act, 2007 read with Rule 19 of the SSB Rules, 2009 or any such order which may be passed by the respondents in pursuance of the said Show Cause Notice.
4. The case of the petitioner is that vide the show cause notice dated 20.05.2022 issued by Inspector General (Pers), Sashastra Seema Bal, New Delhi has observed as under:
"6. NOW THEREFORE, you are hereby supplied with all relevant documents (enclosed) and called upon to submit in writing your explanation and defence in respect of the above allegation by 20th June, 2022 as to why action to terminate your service for misconduct should not be initiated against you under Rule 19 of SSB Rules, 2009. In case, you fail to file any reply within the stipulated period, it shall be presumed that you have nothing to put forth in your defence and action to terminate your services as per the said SSB Rules, 2009 shall be initiated against you ex-parte."
5. Thereafter, the petitioner submitted his reply dated 05.07.2022 to the said show cause notice, however, till date no decision has been taken by the respondents.
6. Keeping in view the averments made in the present writ petition and the submissions of learned counsel for petitioner, we hereby direct the respondents to consider the said reply dated 05.07.2022 and reach at a decision within four weeks. If the decision is taken against the petitioner after considering the said reply, respondents shall not give effect to the said decision for a week from the date of the decision.
7. Needless to say that if the petitioner still feels aggrieved by the said decision taken by the respondents, he may challenge the same before the appropriate forum.
8. With the aforesaid directions, the present petition and pending application are disposed of.
Procedural fairness and timely decision-making are essential in disciplinary actions, ensuring that the right to defend is upheld.
A writ petition challenging a show cause notice is premature if the petitioner fails to respond before approaching the court for redressal.
Termination orders should not be a camouflage for punishment and should not circumvent the constitutional provisions, especially in cases of alleged misconduct.
Writ petitions cannot challenge show cause notices as premature; effective statutory remedies under Rule 29 of the Sashastra Seema Bal Rules should be pursued first.
Termination of probationer under temporary service rules, though innocuous on face, is punitive if founded on misconduct allegations requiring inquiry and natural justice, notwithstanding withdrawal ....
Dismissal from service must be proportionate to misconduct; long service and mitigating circumstances warrant reconsideration of disciplinary actions.
Termination of a probationer's services for misconduct requires a regular enquiry in accordance with law and rules, following the principles of natural justice.
The central legal point established in the judgment is the importance of providing the delinquent employee with an opportunity to submit further objections on the enquiry report before forming a fina....
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