An important legal decision has come to light for government employees. The Allahabad High Court has clearly stated during the hearing of a case that a government employee cannot be removed from the post without departmental inquiry despite being punished in any criminal case. The court has pronounced this decision on the basis of Article 311 (2) of the Constitution.
What is the matter?
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Petitioner Manoj Katiyar was working as an assistant teacher in a government primary school in Kanpur countryside.
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He was appointed in 1999 and also got promotion in 2017
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But he was dismissed from the post without departmental investigation after being sentenced to life imprisonment in a dowry murder case.
What does the High Court decide?
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According to Article 311 (2), any government employee was given an opportunity for hearing
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Sack,
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Suspended or
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Can’t be punished like rank reduction
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The court canceled the teacher’s dismissal, calling it illegal
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Also ordered that a new order be issued within two months
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The petitioner’s repayment will depend on the new order
Supreme Court report also mentioned
The High Court in its judgment also cited former decisions and guidelines of the Supreme Court, which states that:
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Government job is the constitutional right of any person
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Even if the departmental process is not completed even after being punished, the removal from the post will be considered illegal
The meaning of this decision
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Government departments will now have to adopt a departmental inquiry process before dismissing any employee directly on punishment.
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This decision is especially important in cases where the process of justice would not have been completed even after criminal punishment.
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