Q: I had been working in a central government department since 1995. My appointment was through the Union Public Service Commission (UPSC). In February, 2010, a charge sheet was issued against me relating to allegations of dereliction of duty and insubordination. I filed a reply refuting the charges and requested for a personal hearing. But no such hearing was granted. In May this year, I received an order of dismissal from my employer annexed whereto was the report of the disciplinary authority holding me guilty of the alleged charges. In the said report, reliance has been placed on a report of the UPSC, which I have never seen and do not know what is written therein. I am the sole bread earner of the family and am in a very difficult situation. Please advise what steps can I take.
Samir Sarkar
A: In my opinion, the order of dismissal is bad and not sustainable in law since it has been passed in breach of the principles of natural justice. First, the disciplinary authority should have given you a personal hearing before taking a decision. Nobody should be condemned unheard. Second, it is settled in law that if any material is to be relied upon by the employer or the disciplinary authority in a departmental proceeding, a copy of the same must be supplied to the charge-sheeted employee in advance so that he has an opportunity to rebut the same. Any order of any public authority passed in breach of the principles of natural justice is null and void and of no effect in the eye of law. You may approach the central administrative tribunal or the high court in its writ jurisdiction assailing the order of dismissal on inter alia, the aforesaid two grounds. In this connection you may refer to the recent Supreme Court judgment in the case of Union of India vs S. K. Kapoor reported in 2011 (129) Indian Factories and Labour Reports 360.
Send your letters to Inlaw at The Telegraph,
Jobs Desk, 6 Prafulla Sarkar Street,
Calcutta 700001;
or fax at 225 3142;
or send e-mails to jobs@abpmail.com.
