Case Note & Summary
The petitioner, Vishwanath Dnyanoba Kirade, was appointed as a Clerk on 24.7.2006 by the first respondent, Nav Akanksha Mahila Mandal, which runs the second respondent school. He worked continuously for 3 years and 2 months until his termination on 9.10.2009. The termination order was stigmatic as it contained allegations of misconduct. The petitioner appealed to the School Tribunal in Appeal No.50 of 2009, but the third respondent (Social Welfare Officer) did not file a written statement. The petitioner contended that the post was advertised for Scheduled Caste category and he possessed relevant qualifications including MS-CIT and typewriting certificates. The core legal issue was whether a temporary or deemed confirmed employee can be terminated by a stigmatic order without an opportunity of hearing or enquiry. The court held that the termination order was stigmatic and could not be sustained without following principles of natural justice. The court set aside the termination order and directed reinstatement with continuity of service but without back wages, as the petitioner had not worked during the intervening period.
Headnote
A) Service Law - Termination - Stigmatic Order - Natural Justice - Temporary Employee - The termination order contained allegations of misconduct and was passed without any opportunity of hearing or enquiry - Held that such a stigmatic order cannot be sustained without following principles of natural justice (Paras 3-4).
Issue of Consideration
Whether a temporary employee or a deemed confirmed employee could be terminated by issuance of a stigmatic order without an opportunity of hearing and/or enquiry.
Final Decision
The court set aside the termination order dated 9.10.2009 and directed reinstatement of the petitioner with continuity of service but without back wages.
Law Points
- Stigmatic termination requires opportunity of hearing
- Natural justice principles apply to temporary employees
- Deemed confirmation does not confer permanency
- Termination order containing allegations is stigmatic
