Thursday, February 4, 2010

Staff can't be sacked arbitrarily: SC

The Supreme Court has held principles of `natural justice' is a Constitutional requirement that has to be observed by Government while taking disciplinary action against him or her. The court said the inquiry officer must act as a quasi-judicial authority and not as a representative of Government while inquiry into the charges of misconduct against them.The apex court made the remarks while dismissing an appeal filed by Uttar Pradesh Government challenging the Allahabad High Court's judgement directing reinstatement of an employee Saroj Kumar Sinha. Sinha, working as an executive engineer in the State's Public Works Department, was sacked after being merely served with a chargesheet.He was sacked on December 24, 2004, on the basis of an ex-parte inquiry conducted against him even though Sinha had kept pleading for supply of documents to know the basis for the chargesheet.The High Court set aside his dismissal on the ground that the entire proceeding was `vitiated', after which the State Government appealed in the apex court

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