Case Note & Summary
The petitioners, Khajbabu Sheik, P. Thanesh Kumar, Venkata Sudarshan, and others, were employed as Junior Officers (Mines) at the Donimalai Iron Ore Mines of the National Mineral Development Corporation Ltd. (NMDC), a Government of India enterprise. They were appointed on a contractual basis for a period of one year, which was extended from time to time. On 15.06.2015, the respondents passed termination orders terminating their services without any prior notice or enquiry. The petitioners challenged these termination orders by filing writ petitions under Articles 226 and 227 of the Constitution of India, praying for quashing of the termination orders and for continuation of their services. The main legal issue was whether the termination without affording an opportunity of hearing violated principles of natural justice. The petitioners argued that the termination was arbitrary, illegal, and in violation of natural justice as no show cause notice or enquiry was conducted before termination. The respondents contended that the petitioners were contractual employees and their services were terminated in accordance with the terms of the contract, which did not require any notice or hearing. The court analyzed the facts and held that even if the appointment was contractual or temporary, the employer cannot terminate the services without giving an opportunity of hearing, especially when the termination is stigmatic or based on unsatisfactory performance. The court observed that the termination orders were passed without any enquiry and without following the principles of natural justice, which is violative of Article 14 of the Constitution. The court quashed the termination orders and directed the respondents to reinstate the petitioners with continuity of service and all consequential benefits, but with liberty to the respondents to proceed afresh in accordance with law if they so desire.
Headnote
A) Service Law - Termination - Natural Justice - Audi Alteram Partem - Constitution of India, Article 14, 226 - Termination of Junior Officers by NMDC without any enquiry or show cause notice held illegal - Court held that even if the appointment was temporary or contractual, an opportunity of hearing must be given before termination on grounds of misconduct or unsatisfactory performance - Impugned termination orders quashed with liberty to employer to proceed afresh in accordance with law (Paras 1-10).
Issue of Consideration
Whether the termination of the petitioners by the respondent Corporation without holding any enquiry and without affording an opportunity of hearing is violative of principles of natural justice and the rules of the Corporation.
Final Decision
The court allowed the writ petitions, quashed the termination orders dated 15.06.2015, and directed the respondents to reinstate the petitioners with continuity of service and all consequential benefits. However, liberty was granted to the respondents to proceed afresh in accordance with law if they so desire.
Law Points
- Principles of natural justice
- Audi alteram partem
- Termination without enquiry
- Violation of Article 14
- Article 311 not applicable to public sector employees
