Court Rules Termination Order of Deb Halder Punitive and Unjustified
In a significant decision, the Calcutta High Court has upheld the reinstatement of Deb Halder, a probationary Superintendent at the Ghani Khan Choudhury Institute of Engineering and Technology, declaring his termination as punitive and unjustified. The judgment was delivered by a Division Bench comprising Justices Tapabrata Chakraborty and Partha Sarathi Chatterjee, who dismissed the appeal by the Institute's Board of Governors challenging the single judge's decision to set aside Halder's termination.
The controversy began when Halder was terminated on allegations of unauthorized absence and misconduct related to a tender process without proper inquiry. The Institute argued that these allegations warranted his termination during the probation period. However, the High Court observed that the termination order was punitive in nature, as it cast aspersions on Halder's character and integrity without substantiating the claims through a proper inquiry.
The judgment emphasized that a termination order visiting an employee with evil consequences or stigmatizing their character cannot be considered a simple discharge. The Court criticized the Institute for failing to provide Halder with an opportunity to explain the allegations, especially when the supposed unauthorized absence occurred during a period when Halder was entrusted with additional responsibilities.
Furthermore, the judgment highlighted that the tender process cited in the allegations was scrapped, rendering the accusations baseless. The Court noted that Halder's termination appeared to be retaliatory, following his report on irregularities within the Institute.
The Court also rejected the Institute's argument regarding Halder's alleged suppression of information about a police case during his application, stating that Halder had disclosed the necessary details in his attestation form.
In conclusion, the High Court upheld the single judge's ruling, finding no merit in the Institute's appeal. The decision has been seen as a reaffirmation of the principles of fairness and justice in employment practices, particularly concerning probationary employees.
Bottom Line:
Termination of services of a probationer - If the order visits the employee with evil consequences or casts aspersions against his character or integrity, it would be considered punitive in nature and not a termination simpliciter.
Statutory provision(s): Service Law - Termination - Probationer, Service Law - Termination - Punitive Nature, Service Law - Probation - Confirmation
