1965 (12) TMI 153 - SC - Indian Laws

Summary

Issues:
1. Dismissal of an employee without providing an opportunity to show cause against the proposed punishment.
2. Interpretation of regulations governing service conditions of employees.
3. Compliance with principles of natural justice in termination of employment.

Analysis:

1. The appellant, a permanent employee of the State Transport Corporation, was dismissed due to long absence without being given an opportunity to show cause against the proposed punishment. The appellant applied for leave on personal grounds, but was transferred to a different location and subsequently terminated for absence without permission.

2. The regulations governing the service conditions of the Corporation provide for termination of services with notice or pay in lieu for various reasons, including irregular attendance and absence without leave. The appellant was not given a chance to respond to any charges or allegations before his termination, as required by the regulations.

3. The Court held that the termination of the appellant's services without providing an opportunity to show cause violated the principles of natural justice. The appellant was entitled to a reasonable opportunity to defend himself, which includes knowing the charges against him and having a chance to refute them.

4. The order of termination was deemed unlawful as it contravened the regulations and principles of natural justice. The Court quashed the dismissal order but allowed the Corporation to conduct a fresh inquiry against the appellant, ensuring compliance with the regulations and providing him with a fair opportunity to respond.

5. The appeal was allowed, emphasizing the importance of following due process and granting employees a fair chance to defend themselves before any punitive action is taken. No costs were awarded in the matter.

This judgment highlights the significance of procedural fairness in employment matters and underscores the necessity of affording employees the right to be heard before facing adverse consequences such as dismissal.