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Sandeep Kumar Vs. GB Pant Institute of Engineering and Technology, Ghurdauri and Ors. (Neutral Citation: 2024 INSC 309) - (Supreme Court) (16 Apr 2024)

Termination of services of an employee without holding disciplinary enquiry violates principles of natural justice

MANU/SC/0309/2024

Service

Instant appeals are directed against the judgments passed by the High Court.The High Court, vide judgment dismissed the Writ Petition filed by the Appellant for assailing the order passed by Respondent No. 2 terminating the services of the Appellant on the post of Registrar of Respondent No. 1- G.B. Pant Institute of Engineering and Technology ('Institute').

On a bare perusal of the termination letter dated 19th May, 2022, it becomes apparent that the decision to terminate the services of the Appellant from the post of Registrar was not preceded by an opportunity to show cause or any sort of disciplinary proceedings. The enquiry as referred to in the termination letter was in relation to the qualifications of the Appellant for being appointed on the post of Registrar. The letter further indicates that the selection to the post of Registrar was not approved by the Board of Governors in its 26th meeting dated 16th June, 2018. The said observation in the letter dated 19th May, 2022 is totally erroneous and contradicted by the minutes of the meeting dated 16th June, 2018.

The termination of the services of the Appellant without holding disciplinary enquiry was totally unjustified and dehors the requirements of law and in gross violation of principles of natural justice. Hence, the learned Division Bench of the High Court fell in grave error in dismissing the writ petition filed by the Appellant on the hypertechnical ground that the minutes of 26th meeting of the Board of Governors dated 16th June, 2018 had not been placed on record.

The impugned judgments passed by the High Court are quashed and set aside.The order whereby, the services of the Appellant on the post of Registrar of the Institute were terminated is also declared to be illegal and as a consequence, the same is quashed and set aside.Appellant shall forthwith be reinstated on the post of Registrar of G.B. Pant Institute of Engineering and Technology. Appeals allowed.

Tags : TERMINATION   NATURAL JUSTICE   VIOLATION  

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