Excelsior Correspondent
SRINAGAR, Mar 11: The High Court HAS said the termination from service is a major punishment and cannot be inflicted without following due course of law.
Justice Wasim Sadiq Nargal quashed the termination order of Santosh Sandashiv who was appointed as Nursing Assistant in Border Roads Organisation and subsequently was terminated from the services.
“Punishment of termination without conducting detailed enquiry in this regard by associating the petitioner and the said punishment can only be inflicted with due care and caution”, court said.
It said that the petitioner duly qualified the test for the post in question and possessed all the requisite qualification as envisaged in the advertisement notice and the only point which has been canvassed against him is the validity of certificate with regard to counter signature and not the experience which he possesses inconformity with the terms and conditions of the advertisement notice.
The validity of the certificate, court said, has not been denied by the issuing authority. It is only the counter signature which is denied by the respondents. “Mere denial of counter signature on a certificate in absence of proper enquiry or finding recorded in this regard does not warrant major punishment of termination of service, which becomes punitive in nature, when the order of termination is not simpliciter but the stigma is attached to the said order”, Justice Nargal recorded.
The allegations, court added, levelled against him were never enquired into by conducting a detailed enquiry or associating the him by providing him an opportunity of being heard and in absence of that, it cannot be assumed that the he is guilty of producing forged document which can be basis for passing the order of termination.
“The order of termination though has been worded in simple words but the basis for issuance of the same is stigmatic which is attached to the termination and the allegations levelled against the petitioner was required to be enquired into by the respondents by conducting a detailed enquiry in conformity with the rules by associating the petitioner and giving him an opportunity of being heard. Even the punishment which has been awarded to the petitioner”, reads the judgment.
“The present writ petition bearing is allowed and the impugned notice dated 30th May, 2011 is quashed to the extent of petitioner only. The respondents are further directed to allow him to perform his duties as Nursing Assistant without any hindrance and the said petitioner is also entitled to all the consequential benefits of seniority and monitory from the date he came to be appointed as such”, Court directed.
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