Case Note & Summary
The case involves five writ petitions filed by Junior Officers (Mines) of National Mineral Development Corporation Ltd. (NMDC), a Government of India enterprise, challenging their termination orders dated 15.06.2015. The petitioners were appointed as Junior Officers on probation and were terminated without any prior notice, show cause, or disciplinary enquiry. The petitioners contended that the termination was arbitrary, illegal, and in violation of principles of natural justice and Article 14 of the Constitution. The respondents argued that the petitioners were probationers and their services were terminated in terms of the appointment order, which did not require any enquiry. The court examined the facts and found that the termination was not based on any misconduct but was a simple termination without any reason. The court held that even a probationer has a right to be heard before termination if the termination is punitive or stigmatic. Since the termination order did not disclose any reason and was passed without any enquiry, it was held to be violative of natural justice. The court relied on the principle that an order of termination without enquiry is arbitrary and cannot be sustained. The court allowed the writ petitions, quashed the termination orders, and directed reinstatement of the petitioners with continuity of service and all consequential benefits, including back wages, within eight weeks.
Headnote
A) Service Law - Termination - Natural Justice - Audi Alteram Partem - Constitution of India, Article 14, Article 21 - Petitioners were Junior Officers in NMDC Ltd. terminated by order dated 15.06.2015 without any enquiry or show cause notice - Court held that termination without affording opportunity of hearing is arbitrary and violative of principles of natural justice - Held that even a probationer or temporary employee is entitled to protection against arbitrary termination (Paras 1-10). B) Service Law - Public Sector Undertaking - Termination - Enquiry - NMDC Ltd. is a Government Company under Article 12 of Constitution - Termination of employees without disciplinary proceedings is illegal - Court directed reinstatement with continuity of service and consequential benefits (Paras 11-15).
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 Article 14 of the Constitution of India.
Final Decision
Writ petitions allowed. Termination orders dated 15.06.2015 quashed. Respondents directed to reinstate petitioners with continuity of service and all consequential benefits including back wages within eight weeks.
Law Points
- Principles of natural justice
- audi alteram partem
- termination without enquiry
- violation of Article 14
- Article 21
- Article 311(2) of Constitution of India
- service law
- public sector undertaking
