SRINAGAR: In a landmark verdict, the Superior Court docket of Jammu and Kashmir and Ladakh has set a precedent, ruling that government authorities cannot dismiss an worker without the need of recording legitimate reasons for bypassing a departmental inquiry. This important lawful improvement stems from the scenario of Abdul Hamid Sheikh, a police officer who faced termination devoid of thanks approach.
Sheikh, who served as a Private Safety Officer (PSO), was accused of possessing connections with militants and arranging to pilfer weapons from fellow PSOs to offer them to militants. Nevertheless, his dismissal in 2019 faced problem as he contended that authorities failed to stick to appropriate process, denying him a reasonable chance to protect himself.
The bench, comprising Justices Rajnesh Oswal and Moksha Khajuria Kazmi, emphasised the requirement for authorities to adhere to authorized treatments, distinguishing amongst the “necessity” and “practicability” of holding an inquiry. The court docket underscored that authorities can only bypass an inquiry immediately after recording legitimate justification for its impracticability.
In Sheikh’s situation, the court observed a evident absence of recorded pleasure by the capable authority with regards to the impracticability of an inquiry. The dismissal buy lacked needed point out of this sort of impracticability, breaching constitutional provisions.
“The satisfaction to be recorded by the capable authority that keeping of inquiry is reasonably not practicable due to some cause(s) is the constitutional obligation on the aspect of the competent authority right before dismissing or eradicating or lessening the delinquent employee,” the court remarked.
Highlighting the constitutional obligation on authorities to document satisfaction regarding the impracticability of an inquiry just before drastic actions, the court quashed Sheikh’s dismissal order because of to procedural lapses. It directed authorities to reinstate Sheikh inside 3 months, emphasising the worth of adhering to lawful processes in scenarios impacting community buy and national protection.
Though Sheikh’s reinstatement is mandated, the court clarified that respondents are no cost to initiate new proceedings against him following appropriate legal treatments. This verdict underscores the protection of workforce’ rights though ensuring thanks course of action and upholding the ideas of justice and fairness in administrative actions.
In one more ruling, a Division Bench comprising Justices Rajneesh Oswal and Moksha Khajuria Kazmi upheld the dismissal of Manzoor Ahmed Bhat, an assistant accounts officer of the Sericulture Section. The bench refused to offer any reduction to Bhat, who was dismissed beneath 311(2)C of the Indian Constitution. Bhat was between the personnel who was dismissed right before Jammu and Kashmir governing administration missing Write-up 370 and its standing.
The appellant on August 5, 2016, was accused of anti-social and anti-nationwide pursuits, pelting stones at law enforcement and CRPF staff, resulting in accidents. He was booked under different sections of the RPC and violated perform regulations for federal government workforce. Inspite of subsequent acquittal in FIR No.39 of 2016, the court docket upheld his dismissal underneath Article 311(2) of the Structure. The court docket cited a equivalent circumstance and emphasised that unblemished provider history can not outweigh misconduct threatening community buy. The appellant’s dismissal was deemed justified, as his steps were deemed unbecoming of a governing administration employee. The charm was dismissed for deficiency of advantage.
The article Significant Courtroom From Employee Dismissal Bypassing Departmental Inquiry appeared initially on Kashmir Daily life.