JAMMU, Oct 31: The High Court has quashed more than 18-year-old termination orders of two municipal employees in February 2008, holding that disciplinary proceedings conducted without providing a fair and meaningful opportunity of hearing cannot sustain dismissal from service.
Justice Sanjay Dhar, while allowing two connected writ petitions filed by Krishan Lal and Jawahar Lal Koul, directed payment of 50 per cent back wages and processing of their retirement benefits, including pension, within three months.
The petitioners had challenged their termination from service in February 2008 following departmental proceedings arising from allegations of misappropriation of municipal funds.
The Court found serious procedural irregularities in the departmental inquiry and held that the mandatory safeguards prescribed under Rule 33 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, had not been followed.
Justice Dhar observed that merely issuing notices to delinquent employees without specifying the date and venue of the inquiry could not satisfy the requirements of law.
The Court further noted that the respondents failed to produce the inquiry record, while the inquiry report lacked essential particulars concerning the examination of witnesses and the evidence relied upon.
The High Court held that the disciplinary proceedings were vitiated by failure to follow the prescribed procedure, rendering the consequential termination orders legally unsustainable.
The Court observed that although a fresh departmental inquiry could ordinarily be ordered, both petitioners had already crossed the age of superannuation during the pendency of litigation, making such a course impermissible in the circumstances & Court quashed both termination orders and directed reinstatement with 50% back wages, besides processing retirement benefits, including pension.
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