Hindustan Times (Lucknow)

Can’t terminate temporary staff on basis of exparte inquiry: HC

- Jitendra Sarin sarin.jitendra@gmail.com ▪

ALLAHABAD: The Allahabad high court has ruled that a temporary employee can’t be terminated only on the basis of an ex-parte inquiry. The court, in a recent ruling, said a regular department­al inquiry must be conducted before the terminatio­n of a temporary employee, wherein he should be given a chance to present his case. Saying this, the court quashed the terminatio­n order of a temporary worker who was working in the social welfare and rehabilita­tion office in Muzaffarna­gar.

ALLAHABAD The Allahabad High Court has ruled that a temporary employee can’t be terminated only on the basis of an ex-parte inquiry.

The court, in a recent ruling, said a regular department­al inquiry must be conducted before the terminatio­n of a temporary employee, wherein he should be given a chance to present his case.

Saying this, the court quashed the terminatio­n order of a temporary worker who was working in the social welfare and rehabilita­tion office in Muzaffarna­gar.

The order was passed by Justice Siddharth in a petition filed by RS Tyagi of Muzaffarna­gar. The court, while allowing the writ petition said since the petitioner had retired, therefore the authoritie­s concerned will pay him all the retiral benefits within three months.

The petitioner was appointed as a temporary employee on January 10, 1986. He completed two years of his probation period and began working as a temporary employee thereafter.

The department had terminated the petitioner’s service on December 1, 1992 without conducting a regular inquiry.

The allegation against the petitioner was that he, along with two other employees had sold a wooden log meant for public use.

Since the other two employees were permanent therefore, they were suspended by the authoritie­s and since the petitioner was a temporary employee he was directly terminated on the basis of an ex-parte inquiry without giving him an opportunit­y to explain his case.

In 1993,the petitioner had challenged his terminatio­n order by filing a writ petition.

While allowing the petition Justice Siddharth observed, “The petitioner should have been given an opportunit­y for hearing by the concerned officers to explain his conduct and only thereafter, any order should have been passed. DM, Muzaffarna­gar, conducted a confidenti­al inquiry without giving the petitioner an opportunit­y.

He was terminated on the basis of that report. Hence, the terminatio­n order is punitive and bad as per law.”

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THE COURT, WHILE ALLOWING THE WRIT PETITION SAID SINCE THE PETITIONER HAD RETIRED, THEREFORE THE AUTHORITIE­S CONCERNED WILL PAY HIM ALL THE RETIRAL BENEFITS WITHIN THREE MONTHS.

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