Govt can't terminate employee without hearing him: HC

New Delhi, Aug 11 (PTI) The Delhi High Court has said
government cannot terminate the services of its employee,
accused of misconduct, without giving him an opportunity to
present his case.

The court passed the order by setting aside the order of
National Research Development Corporation, which had
terminated the service of a temporary employee without giving
him an opportunity to present his case before the disciplinary
authority of the Corporation.

"In my opinion, the Petitioner was dismissed without
affording him the opportunity of presenting his case before
the disciplinary authority, thereby violating the protection
guaranteed to temporary servants under Article 311(2) of the
Constitution of India," Justice Sidharth Mridul said.

The High Court rejected the contention of the corporation
that it was a case of termination of service and said the
impugned order clearly finds him guilty of misconduct, thereby
casting a stigma on the employee, Mangal Singh, and in that
sense it was dismissal.

In this case, Singh was appointed on temporary
contractual basis with the corporation in 1996 for four years
and his service was extended from time to time.

However, his services were terminated in 2004 on the
charge that he had submitted fake graduation degree while
applying for the job. Aggrieved by the order Singh had
approached the High Court. PTI KRS
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