Case Note & Summary
The petitioner, Gnyanoba Tejrao Hake, was appointed as an Armed Police Constable in the State Reserve Police Force, Jalna, in the year 2001 after passing the requisite tests and interview. He was a temporary employee. On 03.02.2004, the respondent No.3 issued a termination order terminating his services without holding any departmental enquiry or giving him any opportunity of hearing. The petitioner challenged the termination before the Maharashtra Administrative Tribunal, which dismissed his Original Application No.270/2011 on 06.05.2011. Aggrieved, the petitioner filed the present writ petition before the Bombay High Court. The court considered the issue of whether the termination of a temporary employee without any enquiry is legal. The court held that even a temporary employee cannot be terminated without following the principles of natural justice. The termination order was found to be illegal and was set aside. The court directed the respondents to reinstate the petitioner with continuity of service and all consequential benefits, but without back wages. The writ petition was allowed.
Headnote
A) Service Law - Termination of Temporary Employee - Natural Justice - Termination without enquiry - The petitioner, a temporary Armed Police Constable, was terminated without any departmental enquiry or opportunity of hearing. The court held that even a temporary employee cannot be terminated without following the principles of natural justice, and the termination order was set aside. (Paras 1-10) B) Service Law - Reinstatement - Continuity of Service - The court directed reinstatement of the petitioner with continuity of service and all consequential benefits, but without back wages, as the termination was found illegal. (Paras 10-12)
Issue of Consideration
Whether the termination of the petitioner, a temporary Armed Police Constable, without holding any departmental enquiry or giving any opportunity of hearing, is legal and valid.
Final Decision
The writ petition is allowed. The impugned judgment and order of the Maharashtra Administrative Tribunal dated 06.05.2011, the termination order dated 03.02.2004, and the communication dated 26.09.2008 are quashed and set aside. The respondents are directed to reinstate the petitioner in service with continuity of service and all consequential benefits, but without back wages.
Law Points
- Termination of temporary employee without enquiry is illegal
- Principles of natural justice apply to temporary employees
- Article 311(2) not applicable to temporary employees
- Maharashtra Police (Punishment and Appeal) Rules
- 1956
