Case Note & Summary
The matter arose from a writ petition filed by a Maternity Assistant challenging her termination order. The petitioner was initially appointed on 13.12.2010 at Citar Garden Hospital. The respondent, Arasu Rubber Corporation Ltd., a Government of Tamil Nadu undertaking, issued a show cause notice dated 21.12.2018 alleging that the petitioner had produced a fake certificate to secure appointment and asking why her service should not be terminated. The petitioner submitted an explanation on 07.01.2019, refuting the allegation and explaining that her midwife registration certificate was issued by the Andhra Pradesh Nurses, Midwives, Auxiliary Nurses-Midwives & Health Visitors Council, constituted under the Andhra Pradesh Nurses and Midwives (Extension Amendment) Act, 1964, after she underwent 15 months of training from June 1991 to August 1992. However, without considering the explanation, the respondent passed the impugned termination order dated 29.01.2019, which did not contain any reasons for rejecting the explanation. The petitioner filed the present writ petition under Article 226 of the Constitution, seeking a writ of certiorari to quash the termination order. The petitioner contended that as an employee of a State undertaking, she was deemed a government servant and entitled to protection under Article 311 of the Constitution. She argued that mere issuance of a show cause notice and receiving an explanation was insufficient to impose the major punishment of removal from service, and that the termination violated principles of natural justice. The respondent, per contra, submitted that the show cause notice was issued based on a letter from the Tamil Nadu Nurses and Midwives Council, Chennai, dated 06.12.2018. The judgment text is incomplete and does not contain the court's analysis, reasoning, or final decision.
Issue of Consideration
Whether non-consideration of employee's explanation and lack of reasons in termination order violates principles of natural justice and Article 311 of the Constitution of India.
Law Points
- termination based on alleged fake certificate without considering explanation violates natural justice
- employee of state undertaking entitled to protection under Article 311
- major punishment cannot be imposed without proper inquiry even if show cause notice issued
Case Details
2025 LawText (MAD) (02) 86
Mr.C.Venkatesh Kumar for petitioner; Mr.A.K.Manikkam for respondent
The Managing Director, Arasu Rubber Corporation Ltd.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash a termination order.
Remedy Sought
Quashing of termination order dated 29.01.2019 passed by the respondent.
Filing Reason
Petitioner's service was terminated on the ground of producing a fake certificate to get appointment, without proper consideration of her explanation and without a proper inquiry.
Issues
Whether the termination order passed without considering the petitioner's explanation and without providing reasons is violative of principles of natural justice.
Whether the petitioner, as an employee of a government undertaking, is entitled to protection under Article 311 of the Constitution, and whether mere issuance of show cause notice is sufficient for imposing major punishment of removal from service.
Submissions/Arguments
Petitioner contended that Arasu Rubber Corporation is a Government of Tamil Nadu undertaking and the petitioner is deemed a government servant entitled to protection under Article 311; mere issuance of show cause notice and receipt of explanation is not sufficient for imposing major punishment of removal from service and the termination order lacked reasons.
Respondent contended that the show cause notice was issued based on a letter from Tamil Nadu Nurses and Midwives Council, Chennai, dated 06.12.2018.
Judgment Excerpts
The order of termination did not contain any reason as to why the explanation submitted by the petitioner lacked merit.
The petitioner was deemed to be a Government servant for all purposes, as the Corporation was a State within the meaning of Article 12 of the Constitution of India. Therefore, the petitioner was entitled for protection under Article 311 of the Constitution of India.
Procedural History
The petitioner filed the present writ petition under Article 226 of the Constitution of India directly challenging the termination order dated 29.01.2019 passed by the respondent.
Acts & Sections
- Constitution of India: Article 226, Article 12, Article 311
- Andhra Pradesh Nurses and Midwives (Extension Amendment) Act, 1964:
