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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), ITANAGAR PERMANENT BENCH
ROBIN PHUKAN
Yaro Kamda @ Yaro Dui, D/o Shri Taring Dui – Appellant
Versus
State of Arunachal Pradesh, represented by the Secretary, RWD, Government of Arunachal Pradesh, Itanagar – Respondent
| Table of Content |
|---|
| 1. challenge to service termination orders. (Para 2) |
| 2. circumstances leading to petitioner's termination. (Para 3) |
| 3. respondents’ defense and claims regarding appointment. (Para 4 , 5) |
| 4. court analysis on procedural shortcomings. (Para 6 , 7 , 8) |
| 5. violation of due process and natural justice. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 6. finding in favor of the petitioner. (Para 15 , 16) |
| 7. court’s final ruling and reinstatement order. (Para 17 , 18 , 19) |
| 8. conclusion of the court's judgment. (Para 20 , 21) |
JUDGEMENT :
(ROBIN PHUKAN, J.)
Heard Mr. D. Laji, learned counsel for the petitioner and Mr. G. Tarak, learned standing counsel for the Rural Works Department (hereinafter RWD).
2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order No. RWC/Estt/Cord/04/2013-14(pt)/5022-27, dated 20.10.2020, whereby her service was terminated; and the order No. DRWD/E-1/T-2/2021-22/23-26, dated 01.05.2021, whereby she was directed to refund the drawn salary; and also the letter, No. RWC/Estt/Cord/04/2013-14(pt- I)/4167/69, dated 26.07.2021, whereby she was terminated under Rule 14 of the CCS Rules without holding any Departmental Inquiry. S
Termination of employment without due process and opportunity for a hearing violates natural justice principles, rendering such actions void.
The termination of services should be made by the appointing authority, and proper opportunity of hearing must be provided before making a decision with serious implications.
Termination of probationer under temporary service rules, though innocuous on face, is punitive if founded on misconduct allegations requiring inquiry and natural justice, notwithstanding withdrawal ....
Termination of a temporary employee must follow due process, including an inquiry if the action is stigmatic and punitive.
Confirmed employees cannot be terminated without due process and a proper inquiry, as mandated by the Chhattisgarh Civil Services Rules and Article 311 of the Constitution.
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