JAMMU, JUNE 13: Division Bench, comprising the Chief Justice Arun Palli and Justice Rajnesh Oswal, granted partial relief to one Suresh Kumar Rekhi, a former Assistant Manager (Civil) with the Jammu and Kashmir Project Construction Corporation Limited, who had been dismissed from service on the allegation of having secured employment using a fake Permanent Resident Certificate.
Suresh Kumar Rekhi was appointed as Assistant Manager (Civil) in JKPCCL in 1993. However, after nearly 28 years of service, his employment was terminated by the employer on grounds that he had secured the job using a fake PRC.
The termination was made following a communication from the General Administration Department dated February 8, 2021, which was subsequently acted upon by the Public Works Department.
The appellant-employee challenged the termination in WP(C) No. 1769/2021, arguing that the termination was made without granting him an opportunity to be heard, thus violating the principles of natural justice and specifically the doctrine of audi alteram partem.
On December 18, 2023, a Single Judge quashed the termination order and restored Rekhi’s service with all consequential benefits-except for monetary benefits (salary and allowances) from July 29, 2021 to December 18, 2023. However, the Court also granted liberty to the employer to initiate fresh disciplinary proceedings in accordance with law.
Subsequently, both the employee and employer filed separate Letters Patent Appeals as LPA No. 97/2024 filed by Suresh Kumar Rekhi challenging the denial of monetary benefits during the period of termination while LPA No. 195/2024, filed by the UT of Jammu & Kashmir and JKPCCL, represented challenging the quashing of the termination on the ground that the appointment itself was void ab initio due to alleged forgery.
After hearing both sides and perusing the records, the Division Bench held that termination without affording an opportunity of hearing violated fundamental legal principles, especially when the termination was stigmatic in nature and ended a career spanning nearly three decades.
The Court observed that the employer acted solely on departmental communication without providing Rekhi a chance to respond to the allegation regarding the PRC. This, the Court said, rendered the action legally untenable.
Court ruled that Suresh Kumar Rekhi shall be entitled to 50 per cent of the back wages for the period from July 29, 2021 to December 18, 2023-partially allowing LPA No. 97/2024. LPA No. 195/2024 filed by the employer was dismissed, affirming the Single Judge’s order to reinstate the employee with liberty to initiate de novo proceedings.
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