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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Budi Habung
ILU Chawang – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT & ORDER :
BUDI HABUNG, J.
Heard Mr. I. Imchen, learned counsel appearing for the petitioner. Also heard Ms. Livika, learned Government Advocate appearing for the State respondents.
2. By filing this writ petition, the petitioner challenges letter No. NL/AC-83/87(Vol-II) dated 31.10.2019 and termination notice No. AC/ESTT/ED-NG/394/2019-20/793 dated 8.11.2019. In the letter dated 31.10.2019, the Under Secretary to the Government of Nagaland, Department of Art & Culture, wrote to the Director of Art & Culture regarding the termination of 13 (thirteen) Gr. III & IV irregular appointees. The petitioner’s name appeared at Sl. No. 1 in this letter. Subsequently, by notice dated 8.11.2019, the Additional Director & Head of Department of Art & Culture served the termination notice to the petitioner.
3. The petitioner’s case, in brief, is that upon learning that a vacant post of LDA under the establishment of the District Culture Office (hereinafter referred to as DCO) was available, she applied for the post. Her application was considered and approved via letter No. AC/ESTT/1/2010 dated 1.9.2017, in her favor for appointment to the said post, where her name appeared at Sl. No. 8 on th
Appointments to public posts must adhere to legal procedures; individuals appointed illegally cannot claim rights to notice before termination.
An appointment made in violation of prescribed rules is void ab initio; no notice or hearing is required for cancellation as per legal principles governing natural justice.
The obligation to hold an enquiry before imposition of major punishment and the principles of natural justice must be adhered to in cases of termination of service.
The distinction between irregular and illegal appointments, the application of Articles 14 and 16 of the Constitution, and the consideration of equity in public employment cases.
The central legal point established in the judgment is the distinction between illegal and irregular appointments, emphasizing the requirements of sanctioned posts, advertisement, and proper recruitm....
The court affirmed that an employee cannot be terminated without proper inquiry and adherence to disciplinary procedures, especially when no fraud or misrepresentation occurred during appointment.
The appointment of a public servant based on land ownership is valid if made prior to the enactment of a policy limiting such appointments, which does not have retrospective effect.
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