9911796707
|
Home
Issues:
- Violation of principles of natural justice in dismissal from service - Applicability of Article 311 of the Constitution - Merger of dismissal order in revisional authorities Analysis: The Supreme Court heard an appeal challenging the judgment of the Allahabad High Court regarding the dismissal of an employee from service. The Court noted that all lower courts had found that the employee was not given a fair opportunity to defend himself before the dismissal. The Court emphasized the importance of providing a full and complete opportunity to the delinquent employee before taking any action against him, as per the established legal principle of audi alteram partem. The Court highlighted that the department failed to comply with the notification requiring a reasonable opportunity, including the right to cross-examine witnesses and present a defense. Consequently, the Court rejected the argument that Article 311 of the Constitution did not apply to the employee and upheld the lower courts' findings regarding the lack of due process in the dismissal. Another issue raised in the appeal was the contention that the dismissal order had merged in the revisional authorities, namely the District Magistrate and the Government, and therefore, the suit for wrongful dismissal could not be decreed unless the orders of these authorities were set aside. The Court noted that this point was raised for the first time during the special leave hearing in the Supreme Court. The Court held that this issue, being a mixed question of fact and law, should have been raised at the Trial Court. Allowing the appellant to raise this point at a later stage would result in substantial injustice to the plaintiff due to negligence on the appellant's part. Consequently, the Court did not permit the appellant to raise this point at that stage. As no other points were pressed before the Court, the appeal was dismissed without any merit, and no costs were awarded in the circumstances of the case.
|
