Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(CAT) 14026

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Renu Kumari – Appellant
Versus
State of Jammu & Kashmir – Respondent
Transfer Application No. 195/2023

Advocates:
For the Appellants/Petitioners: K. Nirmal Kotwal
For the Respondents: Sudesh Magotra

An administrative order terminating the services of a long-standing employee without following the principles of natural justice and due process is legally unsustainable, even if the termination is intended to rectify a prior procedural error in the original recruitment process.

Headnote:(A) Administrative Law - Principles of Natural Justice - Termination of service - Employee served for 14 years - Termination order passed without prior show cause notice or enquiry - Unilateral termination based on external judicial directions in a matter where the applicant was not a party - Held, termination causing serious civil consequences requires adherence to due process and principles of natural justice. (Paras 11, 12, 20)

(B) Administrative Law - Regularisation of service - Effect of long service and regularisation - Administrative correction of past mistakes must be structured to correct errors without causing disproportionate hardship - Authority must follow a fresh, transparent procedure and pass a reasoned speaking order after hearing all stakeholders. (Paras 15, 16, 20)

Facts of the case:
The applicant was engaged as a Rehbar-e-Taleem (ReT) Teacher in 2003 and later regularized in 2009. In 2017, her services were terminated by the administration citing compliance with a court order in a different case involving a competing candidate, without affording the applicant an opportunity of hearing.

Findings of Court:
The Tribunal held the termination order procedurally infirm and violative of natural justice. It directed the restoration of the applicant to her service with continuity and consequential benefits, mandating the department to conduct a fresh exercise strictly in accordance with rules after hearing all affected parties.

Issues: Whether the termination of a long-serving regularised employee without notice or enquiry is sustainable, and how to balance competing claims while ensuring compliance with legal standards and procedural fairness.

Ratio Decidendi: A termination order resulting in serious civil consequences for a long-serving employee, even if purportedly to rectify an initial administrative error, cannot be sustained if it bypasses the fundamental requirements of natural justice such as notice, enquiry, and the right to be heard.

Result: Application allowed with directions for reinstatement and fresh inquiry.

Table of Content
1. summary of facts leading to the termination of the applicant's service. (Para 1 , 2 , 3 , 4)
2. contextualizing the dispute over ret engagement criteria and prior litigation. (Para 5 , 6 , 7 , 8 , 9)
3. procedural fairness and the necessity of due process before termination. (Para 10 , 11 , 12)
4. evaluating equities derived from long-term service against administrative correction of errors. (Para 13 , 14 , 15 , 16)
5. remedial directions for reinstatement and conducting a transparent inquiry. (Para 17 , 18 , 19 , 20 , 21)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 965/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/195/2023 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) Writ of certiorari seeking quashing of order No. DSEJ/Legal/81920-26 dated 20.03.2017 issued by respondent No. 2 being illegal, arbitrary and contrary to the principles of natural justice.

b) Writ of mandamus commanding the respondent No. 1 to 4 to allow the petitioner to discharge her duties as regular teacher regularized vide order No. DSEJ/R-e-T/1850-51 & No. 1852-53 dated 31.01.2009 conveyed through Chief Education Officer Doda No. CEO/D/R-e-T/18796-806 & No. 18807-17 dated 25.02.2009 issued by respondent No. 2 to 4.

c) With a further direction to the respondent No. 3 to pay the salary of petitioner regularly.

3. The facts of the case as pleaded by the petitioner in her pleading are as follows: -

a) The applicant is a permanent resident of the Union Territory of Jammu and Kashmir and a citizen of India and is, therefore, entitled to the protection of her fundamental, statutory, and legal rights guaranteed under Part III of the Constitution of India and other applicable laws.

b) That in the year 2003, respondent No. 3 invited applications for engagement as Rehbar-e-Taleem (ReT) Teacher in Primary School Shounsh. After consideration of recommendations made by the Village Level Education Committee and subsequent scrutiny of documents, respondents No. 3 and 4 prepared a panel in which the applicant was placed at Serial No. 1, whereas respondent No. 5 was placed at Serial No. 4. The said panel is annexed as Annexure “A”.

c) It is submitted that the panel was prepared on the basis of locality. The applicant was shown as a local candidate residing at zero-kilometre distance from Primary School Shounsh. One Rakesh Kumar was placed at Serial No. 2, also shown as a local candidate at zero-kilometre distance. Harbans Singh and Subash Chander (respondent No. 5) were residents of Jathli Panchayat Jatheli, situated at a distance of about two kilometres from the school. The panel was displayed for public information. Rakesh Kumar expressed unwillingness to join, whereupon Harbans Singh was appointed against one vacancy. Respondent No. 5 did not object to the panel or to the placement of the applicant at Serial No. 1 and accepted his position at Serial No. 4. The panel was thereafter approved by all competent authorities, and respondent No. 4 issued engagement order No. ZEO/SSA/77-84 dated 19.05.2003 in favour of the applicant. Respondent No. 5 was also supplied a copy of the panel vide letter dated 10.08.2005 issued by the Chief Education Officer, Doda.

d) In pursuance of the recommendation of respondents No. 3 and 4, the District Development Commissioner, Doda approved the panel, and the applicant was engaged as Rehbar-e-Taleem Teacher in Primary School Shounsh. The applicant joined and discharged her duties to the full satisfaction of her superiors.

e) After rendering five years of continuous service, the applicant was regularised as a General Line Teacher with effect from 21.06.2008 vide order dated 07.03.2009, conveyed through the Chief Education Officer, Doda, pursuant to approval granted by respondent No. 2. Since then, she continued to work as a regular teacher. The regularisation order is an

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2025 Supreme(Online)(CAT) 14026

CENTRAL ADMINISTRATIVE TRIBUNALRajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative MemberRenu Kumari – AppellantVersusState of Jammu & Kashmir – RespondentTransfer Application No. 195/2023

An administrative order terminating the services of a long-standing employee without following the principles of natural justice and due process is legally unsustainable, even if the termination is intended to rectify a prior procedural error in the original recruitment process.

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Renu Kumari – Appellant
Versus
State of Jammu & Kashmir – Respondent
Transfer Application No. 195/2023