Case Note & Summary
The petitioner, Dinkar Hanumant Dokhe, was employed as a Ward Boy with the respondent, Shri Saibaba Sansthan Vishwastha Vyavastha, Shirdi, since 1978. On 9 July 2014, he was suspended on allegations of theft of cash while counting donations received by the respondent. An FIR No. I113/2014 was registered against him at Shirdi Police Station for the offence punishable under Section 381 of the Indian Penal Code. The petitioner challenged the suspension order by way of a writ petition before the Bombay High Court, Aurangabad Bench. The court considered whether the suspension order was valid without affording the petitioner an opportunity of being heard and without conducting a proper inquiry. The court held that the suspension order violated principles of natural justice as the petitioner was not given a chance to explain his side before being suspended. The court set aside the suspension order and directed the respondent to reinstate the petitioner with all consequential benefits, including continuity of service and back wages, subject to the outcome of the disciplinary proceedings. The court also directed that the disciplinary proceedings be concluded expeditiously within six months.
Headnote
A) Service Law - Suspension - Natural Justice - Suspension order passed without affording opportunity of hearing and without conducting inquiry - Held that suspension without following principles of natural justice is unsustainable - The court set aside the suspension order and directed reinstatement with consequential benefits (Paras 2-5).
Issue of Consideration
Whether the suspension order passed against the petitioner without affording him an opportunity of being heard and without conducting a proper inquiry is valid in law.
Final Decision
The court allowed the writ petition, set aside the suspension order dated 9 July 2014, and directed the respondent to reinstate the petitioner with all consequential benefits including continuity of service and back wages, subject to the outcome of disciplinary proceedings. The disciplinary proceedings were directed to be concluded within six months.
Law Points
- Natural Justice
- Suspension Without Inquiry
- Right to be Heard
- Disciplinary Proceedings
