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SUMAN SHYAM
Ikbal Hussain Laskar, S/o. Kabir Uddin Laskar – Appellant
Versus
State Of Assam, Through The Principal Secretary-Cum-Chief Executive Officer, Assam State Disaster Management Authority To The Govt. Of Assam, Revenue And Disaster Management Department – Respondent
JUDGMENT :
(Suman Shyam, J.) :
Heard Mr. A. J. Atia, learned counsel appearing for the writ petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue & Disaster Management Department, Govt. of Assam appearing for the respondents.
2. The order of termination from service of the writ petitioner dated 17.11.2018 with retrospective effect from 11.08.2018, has been put under challenge in this writ petition. The brief factual background of the case is that in response to an advertisement notice issued by the Chief Executive Officer, Assam State Disaster Management Authority inviting applications for filling up 16 posts of Project Officer for Disaster Management (District HQ), the writ petitioner, being qualified for the post, had submitted his application and thereafter, he had taken part in the selection process. On conclusion of the selection process the petitioner emerged as a successful candidate and accordingly, vide engagement letter dated 24.12.2009, the petitioner was offered appointment as Project Officer under the Assam State Disaster Management Authority, stationed at Morigaon.
3. On receipt of the engagement letter dated 24.12.2009 issued by the Chief Executive
The court emphasized the necessity of following procedural safeguards in disciplinary actions against employees, highlighting the importance of natural justice.
Termination orders based on misconduct must adhere to natural justice principles, ensuring employees have a fair opportunity to defend themselves.
A major penalty cannot be imposed without following procedural requirements, including providing an opportunity for defense, as per the Assam Services (Discipline and Appeal) Rules.
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.
Termination of service without a mandatory inquiry violates procedural safeguards, and authorities must justify any bypassing of these procedures.
A public servant's unauthorized absence can lead to dismissal, even if procedural irregularities exist in the disciplinary process, if the absence is deemed as abandonment of duty.
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