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VIPIN SANGHI, ALOK KUMAR VERMA
Union Of India – Appellant
Versus
Shashi Bhusan Pandey – Respondent
JUDGMENT
Vipin Sanghi, CJ. - The Union of India, and its officers, have preferred the Special Appeal to assail the orders dated 29.03.2017 and 01.06.2017, passed by the learned Single Judge in the Writ Petition preferred by the respondent, being Writ Petition (S/S) No. 486 of 2017, 'Shashi Bhushan Pandey Vs. Union of India and Others'. The impugned orders are short, and they are reproduced herein below:-
Order dated 29.03.2017
'Mr. Pankaj Miglani, Advocate for the petitioner.
Mr. Atul Bahuguna, Advocate for the Union of India.
Petitioner was appointed as a temporary Clerk/Computer Operator on 18.02.2004 and his services were terminated orally on 10.02.2017.
According to the petitioner, no notice has ever been issued before terminating his services.
Consequently, the respondents are directed to reinstate the petitioner forthwith as temporary Clerk/Computer Operator till further orders of this Court. Respondents are also directed to release the due and admissible salary to the petitioner.
Let counter affidavit be filed in the matter within four weeks.
List thereafter.'
Order dated 01.06.2017
'Mr. Pankaj Miglani, Advocate for the petitioner. Mr. Atul Bahuguna, Advocate for the Union of India/res
A probationer cannot claim deemed confirmation unless explicitly provided by rules; non-stigmatic termination does not require formal inquiry, and citing a wrong legal provision does not invalidate a....
The termination of a temporary employee without stigmatizing consequences does not violate Art. 311(2) of the Constitution.
An interim order does not create an entitlement to salary if the final order upholds the termination of employment.
Termination of a temporary employee must follow due process, including an inquiry if the action is stigmatic and punitive.
A termination order based on allegations of misconduct without conducting a departmental inquiry is stigmatic and punitive in nature, requiring compliance with principles of natural justice.
A termination based on misconduct, even of a temporary employee, must be preceded by a departmental enquiry to ensure procedural fairness and compliance with Article 14 of the Constitution of India.
Termination of temporary employment – Any promotion given to petitioner consequent to his continuance in service on strength of interim order would automatically fall to ground once Special Leave Pet....
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