Case Note & Summary
The petitioner, Kailash Bhaskarrao Deshmukh, an employee of the Aurangabad Zilla Parishad Karmachari Sahakari Patsanstha Ltd., was aggrieved by an order dated 27/10/2015 passed by the respondent temporarily dismissing him from service pending disciplinary proceedings. He was also aggrieved by the order dated 19/05/2016 dismissing his appeal. The respondent had initiated a departmental enquiry by appointing an Enquiry Officer and in the same order, temporarily dismissed the petitioner, stating that during the period of temporary dismissal, he would not be entitled to any wages or allowances. The Divisional Joint Registrar, Cooperative Societies, Aurangabad sustained the order of temporary dismissal on the ground that an enquiry under Section 83 of the Maharashtra Co-operative Societies Act had been initiated. The court considered the short issue of whether a delinquent employee can be 'temporarily dismissed' from service pending disciplinary proceedings. The court noted that the concept of 'temporary dismissal' is unknown to service jurisprudence and that only suspension is permissible as an interim measure. The court held that the order of temporary dismissal was unsustainable and quashed both the order dated 27/10/2015 and the appellate order dated 19/05/2016. The court directed that the petitioner be reinstated in service immediately and that the disciplinary proceedings be concluded within six months. The court also clarified that the respondent could place the petitioner under suspension in accordance with law if they so desired.
Headnote
A) Service Law - Temporary Dismissal - Concept Alien to Service Jurisprudence - The court considered whether an employer can temporarily dismiss an employee pending disciplinary proceedings - Held that the concept of 'temporary dismissal' is unknown to service jurisprudence and only suspension is permissible as an interim measure - The order of temporary dismissal was quashed and set aside (Paras 4-8).
Issue of Consideration
Whether a delinquent employee can be 'temporarily dismissed' from service pending disciplinary proceedings for the period during which the enquiry is to be conducted.
Final Decision
The court quashed and set aside the order dated 27/10/2015 temporarily dismissing the petitioner and the appellate order dated 19/05/2016. The respondent was directed to reinstate the petitioner in service immediately. The disciplinary proceedings were directed to be concluded within six months. The respondent was at liberty to place the petitioner under suspension in accordance with law if they so desired.
Law Points
- Temporary dismissal is unknown to service jurisprudence
- Suspension is the only permissible interim measure pending disciplinary proceedings
- Section 83 of the Maharashtra Co-operative Societies Act does not authorize temporary dismissal
