A clerk working at Government Medical College Hospital challenged her termination order. The court held that termination based on misconduct allegations requires a proper departmental enquiry and set aside the order passed without an inquiry.
Ext.P11 order of termination set aside; respondent directed to conduct enquiry within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 7TH DAY OF MARCH 2018 / 16TH PHALGUNA, 1939
WP(C).No. 2372 of 2018
PETITIONER:
JEENA GEORGE, W/O. SATHYAN, AGED 49 YEARS, NO.F 310, KSEB QUARTERS(KUNNUMPURATHU), IDUKKI COLONY POST, IDUKKI DISTRICT PIN-685602
BY ADVS.SRI.P.K.RAVISANKAR
SRI.M.K.THANKAPPAN
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEATLH, THIRUVANANTHAPURAM PIN-695001
2. DISTRICT COLLECTOR, IDUKKI-685602
3. SUPERINTENDENT GOVERNMENT MEDICAL COLLEGE HOSPITAL (DISTRICT HOSPITAL), IDUKKI, PIN-685602
4. HOSPITAL MANAGEMENT COMMITTEE GOVERNMENT MEDICAL COLLEGE HOSPITAL, REPRESENTED BY ITS SECRETARY, (SUPERINTENDENT, GOVERNMENT MEDICAL COLLEGE HOSPITAL IDUKKI-685602
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI. RON BASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 2372 of 2018 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1: |
TRUE COPY OF THE ORDER NO.B214/04/DHI DATED 19.3.2004 ISSUED BY THE 4TH RESPONDENT |
|---|---|
| EXHIBIT P2: |
TRUE COPY OF THE INTERIM ORDER DATED 11.1.2012 IN WPC NO.31840 OF 2011 OF THIS HONOURABLE COURT |
| EXHIBIT P3; |
TRUE COPY OF THE JUDGMENT DATED 24.10.2017 IN WPC NO.31840 OF 2011 OF THIS HONOURABLE COURT |
| EXHIBIT P4: |
TRUE COPY OF THE COMPLAINT DATED 16.11.2017 SUBMITTED BY THE PETITIONER |
| EXHIBIT P5: |
TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE SUB INSPECTOR OF POLICE DATED 16.11.2017 |
| EXHIBIT P6: |
TRUE COPY OF THE ORDER NO.C1-6345/2017/SUPERINTENDENT/DISTRICT HOSPITAL, IDUKKI DATED 11.11.2017 ISSUED BY THE 3RD RESPONDENT |
| EXHIBIT P7: |
TRUE COPY OF THE LETTER NO.C1-6345/2017 DATED 22.11.2017 ISSUED BY THE 3RD RESPONDENT |
| EXHIBIT P8: |
TRUE COPY OF THE ORDER NO.C1-6345 DATED 24.11.2017 ISSUED BY THE 3RD RESPONDENT |
| EXHIBIT P9: |
TRUE COPY OF THE ENVELOPE THAT CONTAINED EXHIBIT P8 |
| EXHIBIT P10; |
TRUE COPY OF THE EXPLANATION DATED 6.12.2017 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT |
| EXHIBIT P11: |
TRUE COPY OF THE ORDER NO.C1-6345/2017 SUPERINTENDENT/DISTRICT HOSPITAL, IDUKKI DATED 16.1.2018 ISSUED BY THE 3RD RESPONDENT |
| RESPONDENT'S EX | HIBITS |
| EXHIBIT R3(A) | A TRUE COPY OF THE NEWS PAPER CUTTING DATED 12.11.2017. |
| EXHIBIT R3(B) | A TRUE COPY OF THE ORDER OF TERMINATION SENT THROUGH REGISTERED POST WITH ACHNOWLEDGMENT ENDORSEMENT BY POSTAL AUTHORITIES ON THE REGISTERED LETTER AS “UNCLAIMED” ON 30.01.2018. |
| EXHIBIT R3(C) | A TRUE COPY OF THE LETTER OF ACKNOWLEDGMENT DATED 02.02.2018 OF THE VILLAGE OFFICER, IDUKKI. |
/TRUE COPY/
PA TO JUDGE
PBS 13/3/2018
P.V.ASHA, J.
W.P(C) No.2372 of 2018-V
Dated this the 7th day of March, 2018
JUDGMENT
The petitioner, who has been working as a Clerk in the 4th respondent Hospital Management Committee under the Government Medical College Hospital, is aggrieved by Ext.P6 order placing her under suspension and Ext.P11 order by which her services were terminated without conducting any enquiry.
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W.P(C) No.2372 of 2018-V
disposed of by Ext.P3 judgment dated 24.10.2017 in which it was directed that the petitioner shall not be replaced by another person appointed on daily wages while directing to consider her request for regularisation.
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W.P(C) No.2372 of 2018-V
tickets to the patients waiting in the queue and misbehaved with them and the allegations were found to be true in the preliminary inquiry. It was alleged that the indiscipline of the petitioner caused difficulties to the patients and hindrance to the smooth functioning of the hospital and the incident which got circulated in social media through video clippings brought disrepute to the hospital and the health department. Petitioner submits that she preferred Ext.P4 complaint before the Police on 16.11.2017.
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The petitioner was asked to show cause if any before 11.12.2017, as to why she should not be removed from the service. According to the petitioner Ext P8 memo of charge was dispatched only on 29.11.2017 and was served on her only on 30.11.2017. She submitted Ext.P10 explanation on 6.12.2017. Thereafter, as per Ext.P11 order the 3rd respondent terminated the services of the petitioner saying that petitioner committed serious misconduct. It was stated that the as soon as the incident was reported and circulated in the social media, the 3rd respondent had conducted an inquiry and submitted the report before the District Medical Officer, finding the default on the part of petitioner, based on which she was placed under suspension; the District Collector who is the Chairman of the HDC, had heard the petitioner on 27.11.17 and thereafter he had sought explanation from other employees including the Superintendent of the hospital on the very same day at 3.30 p.m; the District Collector/Chairman found that petitioner committed unpardonable misconduct.
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this Court in Mohanan V. v. Kerala State Road Transport Corporation, Tvm & Ors. [2015 (3) KHC 426] in support of the contention that even in a case where the employee is a temporary hand, termination cannot be ordered on the ground of misconduct except after conducting an enquiry.
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W.P(C) No.2372 of 2018-V
complaint before the Superintendent of the Hospital and in the complaint she did not state anything regarding her misbehavior towards patients. The incident brought disrepute to the hospital as well as the Health Department as a whole. The matter was brought to the notice of the Minister for Health, the office of the Minister for Health reported the same to the Director of Health Service, which in turn brought the same to the notice of the DMO and the petitioner was placed under suspension on direction from the D.M.O. It is stated that the District Collector had in his capacity as Chairman of HMC, visited the premises of hospital on 13.11.2017 and conducted a hearing in his Chamber on 27.11.2017 after issuing Ext.P7 notice and ordered to terminate the services of the petitioner, after hearing the petitioner as well as the other employees of the hospital. It is their case that the order of termination was issued after complying with the principles of natural justice.
a Clerk from 19.03.2004 onwards. Serious allegations are raised against her based on which she was placed under suspension which culminated in Ext.P11 order of termination. Even though a memo of charge was issued, it
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is seen that services of the petitioner has been terminated on the basis of the direction of the District Collector, who is the Chairman of HDC. Though the petitioner had personally heard the petitioner, the direction to terminate her services were issued after the employees of the hospital were heard behind his back of the petitioner and without conducting any inquiry consistent with the principles of natural justice.
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basis, their services are not liable to be terminated on allegations of misconduct except after the allegations are found proved in a duly conducted enquiry, in which the employee shall be given fulfledged opportunity to defend their case.
In the above circumstances, I set aside Ext.P11 order. The respondent shall be free to conduct an enquiry and take appropriate action in accordance with law. At any rate, enquiry shall be completed within a period of two months from the date of receipt of a copy of the judgment.
The writ petition is disposed of accordingly.
Sd/-
(P.V.ASHA, JUDGE)
rtr/
2 issues framed by the court
Whether termination of services of a government employee can be ordered without conducting a departmental enquiry even on allegations of misconduct.
Whether the termination order passed by the District Collector acting as Chairman of Hospital Development Committee complied with principles of natural justice.
Colour shows how this judgement treated each authority
Mohanan V. v. Kerala State Road Transport Corporation, Tvm & Ors.Relied on¶47
Mohanan V. v. Kerala State Road Transport Corporation, Tvm & Ors.
Jagdish Mitter v. Union of IndiaRelied on¶58
Jagdish Mitter v. Union of India (AIR 1964 SC 449) · Who else cites this
Arun kumar V Information Kerala MissionRelied on¶58
Arun kumar V Information Kerala Mission: 2015(5)KHC 549
JEENA GEORGE
STATE OF KERALA
DISTRICT COLLECTOR, IDUKKI
SUPERINTENDENT GOVERNMENT MEDICAL COLLEGE HOSPITAL (DISTRICT HOSPITAL), IDUKKI
HOSPITAL MANAGEMENT COMMITTEE GOVERNMENT MEDICAL COLLEGE HOSPITAL
P.V.ASHA
As recorded by the court registry
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