Back
NELSON SAILO
Nada Dumi D/o Nada Gyabo – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. K. Tari, learned counsel for the petitioner and Ms. R. Basar, learned Junior Government Advocate appearing for the respondent nos. 1 and 2.
2. By filing this writ petition, the petitioner has challenged the order, dated 24.04.2020 (Annexure-7), by which, she has been terminated from service in the post of Peon, under the establishment of Deputy Commissioner, Lower Subansiri District, Arunachal Pradesh by invoking the proviso to Sub-Rule (1) of Rule 5 of the Central Civil Services (Temporary service) Rule, 1965 (Temporary Service Rules).
3. The case of the petitioner, in brief, is that she was appointed to the post of Peon in the Office of the Deputy Commissioner, Lower Subansiri District, Ziro, (Respondent no. 2), vide order, dated 30.10.1996 and was serving as such, until a Show Cause Notice, dated 11.04.2014, was issued to her, stating that she had remained absent from duty without the permission of the competent authority w.e.f. 30.10.2013 till the date of issuance of the Show Cause Notice and therefore, she was asked to report for duty within 7 (seven) days from the date of the Show Cause Notice, failing which, necessary action will be initi
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....
![Director, CSIR-CIMFR [Central Institute of Mining and Fuel Research] VS Mayuresh Dash, S/o. Sri Rabindra Kumar Dash - 2024 Supreme(Jhk) 43](https://supremetoday-s3.b-cdn.net/Jharkhand_3.png)
Probationers in permanent posts are entitled to protections under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and terminations based on stigmatic allegations must fol....
The termination of a temporary government servant's service, executed by a subordinate authority, does not violate the law if the order originated from the appointing authority.
The judgment establishes that all government employees, regardless of their employment status, are entitled to the protections of Article 311, which mandates due process in disciplinary actions, incl....
Termination orders should not be a camouflage for punishment and should not circumvent the constitutional provisions, especially in cases of alleged misconduct.
The main legal point established is that the termination of a temporary employee under Rule 5(1) of Central Civil Service (Temporary Service) Rules, 1965 is justified and does not violate principles ....
The court emphasized the necessity of following procedural safeguards in disciplinary actions against employees, highlighting the importance of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
