The High Court dismissed a writ appeal challenging a Single Judge judgment that reinstated a terminated employee for failure of the employer to produce an enquiry report, noting the respondent had 16 years of service and the lower court's view required no interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010006672017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA 173/2018
1:THE INDIAN RED CROSS SOCIETY and 2 ORS REP. BY ITS CHAIRMAN, ASSAM STATE COMMITTEE, GHY-3
2: THE CHAIRMAN INDIAN RED CROSS SOCIETY KARIMGANJ DISTRICT BRANCH DIST- KARIMGANJ PIN- 788710
3: THE HONY SECRETARY
INDIAN RED CROSS SOCIETY KARIMGANJ DIST- KARIMGANJ ASSAM
VERSUS
1:SIDDHARTHA SANKAR DEY S/O- LATE SUBINAY KUMAR DEY, R/O- R K MISSION ROAD, KARIMGANJ, DIST- KARIMGANJ, ASSAM
Advocate for the Petitioner : MR.S P CHOUDHURY
Advocate for the Respondent : MR G N SAHEWALLA
- B E F O R E -
HON’BLE THE CHIEF JUSTICE MR. AJAI LAMBA HON’BLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 04-02-2020 (Ajai Lamba, C.J.)
This writ appeal has been carried against judgment dated 08.06.2017 rendered in WP(C) No.4729/2011 (Siddhartha Sankar Dey -Vs- The Indian Red Cross Society & 3 Ors.). Vide the impugned judgment, the writ petition was allowed. Order of termination of service of the respondent/writ petitioner was quashed. The appellants/writ respondents have been directed to reinstate the employee with 25% of the backwages.
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2. It appears that the respondent/writ petitioner was employed by the appellants/writ respondents vide the letter of appointment dated 10.01.1995. The nature of service was temporary, and could be terminated at any time. The appellants/writ respondents found the employee to be irregular and habitual latecomer. Under the circumstances, vide the order dated 16.06.2011 (Annexure-9 of the writ petition), his services were terminated.
3. The reasons germane to allowing the petition are contained in Paragraphs 10 to 12 of the impugned judgment, and are extracted herein below:-
“10. Be that as it may, when it is alleged that the petitioner is habituated to late arrival and it is alleged that the employee was absent for 4 days without authorization, it was necessary for the employer to arrange for a domestic inquiry to verify the veracity of the charges. This would have provided the delinquent with an opportunity of put forward his defence. But although reference to a purported inquiry report is made in the termination order, no such inquiry report was ever furnished to the delinquent nor a copy thereof is produced before the Court. In such circumstances, it can be logically inferred that the respondents did not conduct any inquiry into the allegation and thus the delinquent was denied of the opportunity to rebut the charges, in a formal proceeding.
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4. On consideration of the facts and circumstances of the case emanating from record and on hearing the contentions, it appears that the respondent employee was serving in temporary capacity, however, had already rendered 16 years of service at the point in time when his services were terminated. Order dated 16.06.2011 vide which his services were terminated, reads as under (relevant portion only):-
“ORDER
Perused Resolution No.2 of meeting held on 13-06-2011 where in the Managing Body of IRCS Karimganj District Branch considered charges against Sri Siddhartha Sankar Dey, O/A framed and Inquiry report relating to this placed before the meeting and the Managing Body unanimously decided to terminate the services of Sri Siddhartha Sankar Dey, O/A with immediate effect and also directed Hony. Secretary to take follow-up action urgently.
In view of above, services of Sri Siddhartha Sankar Dey, O/A stands terminated with effect from date of issue of this order, for negligence to duty, defying authority and other charges established against Sri Siddhartha Sankar Dey O/A IRCS, Karimganj District Branch.
Sri Siddhartha Sankar Dey, O/A will handover all papers, files, records in his custody to Sri Supradip Chakraborty, O/A immediately.
Sd./-
Hony. Secretary Indian Red Cross Society Karimganj, District Branch
Memo No.KRCS/OA/PA-2/718 Dtd. 16-06-2011”
5. A perusal of the order of termination above extracted indicates that decision to terminate the services of the employee was taken on the basis of charges framed, and enquiry report. Apparently, the order vide which services of the employee were terminated is punitive in nature. It is settled law that in case any such order is required to be passed, it can only be passed on following the principles of natural justice.
6. From a perusal of the impugned order rendered by learned Single Judge, it becomes evident that although the employer relied on the enquiry report, copy of the
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enquiry report was neither furnished to the employee nor produced before the Court for its perusal and consideration.
Surely in circumstances such as these, the employee having been proceeded against departmentally was required to be furnished copy of the enquiry report so that he is made aware of the reasons for which he is being proceeded against.
It stands demonstrated that principles of natural justice have not been followed before issuing order of termination, the contents of which indicate that it is punitive in nature.
7. Considering the above facts and circumstances of the case, we do not trace any illegality in the impugned judgment. A possible view has been taken by the Writ Court, which does not deserve any interference.
8. Writ appeal accordingly is dismissed.
JUDGE
CHIEF JUSTICE
Comparing Assistant
3 issues framed by the court
Whether the High Court below erred in upholding the termination order which said it relied on an enquiry report but never placed a copy of the report before the employee or the court.
Whether the lower court's judgment deserves interference.
Whether the petitioner's writ appeal against the lower court judgment succeeds.
1 provisions across 1 enactments
The Indian Red Cross Society
Siddhartha Sankar Dey
Ajai Lamba
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
