Employee cannot be dismissed over allegations: Punjab and Haryana High Court

Employee cannot be dismissed over allegations: Punjab and Haryana High Court

Just because allegations leveled against an employee are serious in nature, "it would not, by itself, be sufficient to peremptorily dispense with the services of such employee, by taking cover under the constitutional provision" the Punjab and Haryana high court has held

"When the dire and irreversible consequence of dismissal from service is being visited upon an employee, the least that is required is faithful adherence to the due procedure," the HC was of the view. These orders were passed by the court while setting aside the dismissal of a post-graduate teacher (PGT) of the school education department, Haryana. The state had dismissed the PGT while exercising under Article 311 of the Constitution the doctrine of pleasure.

While setting aside the Haryana government's decision, the HC observed: "All that was stated after extracting the Constitutional provision, was that the governor of Haryana was pleased to order that it is not reasonably practicable to hold an inquiry in the case. This bald assertion of an opinion, without supporting reasons, does not meet the requirement of the Constitutional mandate." Justice Sanjay Kumar of the HC passed the order which reads: "Article 311 (2) (b) of the Constitution is an exception to the general norm that no employee can be dismissed from service without a proper inquiry and a reasonable opportunity of hearing. That being so, the mandate of the provision with regard to recording of reasons has to be scrupulously adhered to."

The order was passed while permitting a PGT's (English) petition posted in one of the schools of Kaithal district in Haryana. The Principal Secretary, school education department, Government of Haryana had dismissed the PGT from service through an order dated February 20, 2020. He had allegedly sexually exploited students for which a FIR had also been registered against him. He had been ordered to be dismissed by the department sans inquiry by taking recourse to the provisions of Article 311(2) (b) of the Constitution.

The HC observed after hearing all parties that the February 20, 2020 dismissal order indicated that the authority did not even try to give a reason as to why it was not practicable to have an inquiry.