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N. UNNI KRISHNAN NAIR
RUDRA CHANDRA DAS S/O LATE ANANDA RAM DAS – Appellant
Versus
VICE CHANCELLOR, GAUHATI UNIVERSITY – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. F.U. Barbhuiyan, learned counsel for the petitioner. Also heard Mr. P.J. Phukan, learned standing counsel, Gauhati University, appearing on behalf of all the respondents.
2. The challenge in the present proceeding, is to an order, dated 24.09.2020, issued by the Registrar, Gauhati University, terminating the service of the petitioner by invoking the provisions of Rule 7 of the Assam Services (Discipline & Appeal) Rules, 1964, read with Rule 46 of the Gauhati University Employees Service Conditions, Conduct and Appeal Rules, 1970.
3. The petitioner, herein, pursuant to a process of selection, was appointed as a Cook in the Gauhati University vide order, dated 28.05.1988. The petitioner joined his service on 02.06.1988 and was attached to the Accounts Branch of the said University. The service of the petitioner was utilized by the Gauhati University in various Branches of the University as a Peon. The service of the petitioner was regularized vide order, dated 01.04.1995 w.e.f. 02.08.1991 and subsequently, he was confirmed in his service vide order, dated 03.09.1998 w.e.f. 02.06.1992.
4. The petitioner, on account of ailments suffered by h
Termination of service without a mandatory inquiry violates procedural safeguards, and authorities must justify any bypassing of these procedures.
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 without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.
Termination of a probationer does not require an inquiry unless it is punitive in nature; unsatisfactory performance alone does not constitute grounds for punitive action under Article 311(2).
The word “misconduct” on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of the duty.
Inordinate delay in disciplinary proceedings and lack of adherence to natural justice principles can invalidate dismissal orders, entitling the employee to reinstatement and full salary.
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