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M. K. THAKKER
Ahmedabad Municipal Corporation Through Its Municipal Commissioner – Appellant
Versus
Ronak Prahladbhai Patel – Respondent
JUDGMENT :
M. K. Thakker, J.
1.Rule, returnable forthwith. Learned advocate Mr.Mishra waives service of notice of Rule on behalf of the respondent-workman.
2.With the consent of the parties, this matter is taken up for final disposal considering the controversy, which is in narrow compass.
(2) Whether opportunity to defend himself by cross examining the witnesses produced against him and examined in his presence and to examine himself or any other witnesses in support of his defence was given?
(3) Whether any material had been relied on against the delinquent in the inquiry without being given an opportunity to explain the same?
(4) Whether opportunity to make his representation as to why the proposed punishment should not be inflicted upon him, had been given?
3.Considering the above issues, the fact of the petition is referred as under:
3.1. This petition is filed under Articles 226 and 227 of the Constitution of India through the Municipal Commis
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.
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.
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....
Termination of service without a proper inquiry violates Article 311(2) of the Constitution, emphasizing the necessity of due process in employment matters.
The central legal point established in the judgment is that a government servant cannot be dismissed from service based on a criminal conviction without considering the conduct leading to the convict....
Judicial Review - The power of judicial review available to the High Court as also to this Court under the Constitution takes in its stride the domestic enquiry as well and it can interfere with the ....
Termination of a temporary employee must comply with principles of natural justice and authority jurisdiction; failure to do so makes the termination invalid.
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