Mere absence can’t result in automatic cessation of employment: HC

By
Daily Excelsior
-

Excelsior Correspondent
JAMMU, Mar 11: High Court today said that principles of natural justice cannot be put in a straight jacket formula and application depends on case to case.
These observations were made by Justice Alok Aradhe while quashing the termination order of a teacher. “There may be cases where an employee may remain absent for good reasons such as law and order situation, illness or incarceration and therefore until and unless an opportunity is given to him he cannot explain his unauthorized absence”, Justice Aradhe said.
“In such a case, if an action is taken unilaterally the same would tantamount to violation of principles of audi altram paltram. An opportunity of hearing has to be afforded to a delinquent employee and his mere absence for five years or more cannot result in automatic cessation of employment”, High Court said.
The brief facts of the case were that petitioner Sanjay Kumar was selected as a teacher in the Education Department vide order dated 17.04.1982. He was deputed to undergo BEd. training in Government College of Education Jammu on November 1, 1994 where he remained under training up to November 28, 1994.
On account of sudden development of mental illness, he could not continue with his BEd course and Principal Government College of Education vide communication dated 07.02.1995 informed the Principal of Higher Secondary School Majalta (Udampur) that petitioner’s whereabouts were not known after 28.11.1994.
Thereafter, vide communication dated 01.07.2006, the services of the petitioner were terminated in purported exercise of powers under Regulation 113 of the Jammu and Kashmir Civil Service Regulations as the petitioner had absented himself for a period of five years. The order, however, was passed without holding any inquiry.
After hearing counsel for the petitioner, the High Court quashed the order dated 01.07.2006 with the directions to the respondents to reinstate the petitioner in service. “The respondents, however, shall be at liberty to hold an inquiry in the matter in accordance with law”, Justice Aradhe said.

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