Case Note & Summary
The case involved a special leave petition filed by the State of U.P. against the judgment of the Allahabad High Court, which had upheld the decision of the U.P. Public Service Tribunal that quashed the termination of the respondent's services. The respondent, an Assistant Engineer, was appointed on an ad hoc basis in 1973, and his services were regularized in 1980. In 1981, he was arrested on corruption charges, leading to his termination by the State Government on the grounds that his services were no longer required. The respondent challenged this termination, arguing it was arbitrary and punitive, especially since juniors were retained in service. The Tribunal found that the termination was based solely on the criminal case and that due process under Article 311(2) was not followed, as no opportunity for a hearing was provided. The High Court affirmed the Tribunal's decision, noting that the termination could not be considered a simple one due to the stigma attached to it. The Supreme Court dismissed the special leave petition, agreeing with the lower courts that the termination was illegal and arbitrary, and that the subsequent conviction of the respondent did not alter the illegality of the termination. The court concluded that the principles of natural justice were violated, and thus, the Tribunal's order was justified.
Headnote
A) Constitutional Law - Termination of Service - Violation of Principles of Natural Justice - Constitution of India, 1950, Article 311(2) - The court held that the termination of the respondent's services was not a simple termination but was based on his involvement in a criminal case, which required adherence to principles of natural justice, including the right to a hearing. The absence of notice and opportunity to be heard rendered the termination illegal and arbitrary, justifying the Tribunal's decision to quash it (Paras 2-5).
Issue of Consideration
Whether the termination of the respondent's services was arbitrary and violated principles of natural justice.
Final Decision
The Supreme Court dismissed the special leave petition, affirming the High Court's decision to uphold the Tribunal's order quashing the termination of the respondent's services.
Law Points
- Condonation of delay
- termination of service
- principles of natural justice
- Article 311(2) of the Constitution
- arbitrary termination
