Court Finds Violation of Natural Justice in Removal Due to Illness-Related Absence
In a significant ruling, the Jammu and Kashmir High Court has quashed the removal of Amit Kumar, a Constable in the Central Reserve Police Force (CRPF), due to unauthorized absence attributed to severe illness. The judgment, delivered by Justice Sanjay Dhar, underscored a breach of natural justice principles after disciplinary authorities failed to duly consider medical records provided by the petitioner.
The case revolves around Amit Kumar, who was removed from service following unauthorized absence due to medical reasons. Kumar, who joined CRPF in 2003, claimed he was seriously ill with typhoid and hepatitis, a fact supported by medical documentation from several hospitals. However, the Enquiry Officer and Disciplinary Authority proceeded with an ex-parte inquiry, neglecting the medical evidence he submitted.
The court noted that the disciplinary proceedings were initiated without verifying the authenticity of Kumar's medical records, violating the principles of natural justice. Justice Dhar emphasized that unauthorized absence alone does not warrant removal unless it is willful and deliberate, which was not established in this case. The judgment highlighted that the Enquiry Officer and Disciplinary Authority should have investigated the veracity of the medical claims before making any adverse decisions.
The court has directed Kumar's reinstatement and ordered a fresh inquiry where his medical records must be scrutinized. The ruling mandates that any subsequent decisions regarding his employment be based on the outcomes of this new inquiry.
The judgment also pointed out procedural lapses, such as the Enquiry Officer acting as a Presenting Officer and conducting proceedings ex-parte without due consideration of Kumar's health status. Furthermore, the court criticized the Appellate Authority for dismissing Kumar's appeal without assigning reasons, further compounding the breach of natural justice.
This verdict reinforces the judiciary's commitment to upholding employee rights and ensuring that disciplinary proceedings adhere to fairness and due process.
Bottom Line:
Disciplinary proceedings - Failure to consider medical records of an employee before passing a removal order violates principles of natural justice.
Statutory provision(s):
Principles of Natural Justice, Service Law - Unauthorized Absence, Service Law - Disciplinary Proceedings, Service Law - Principles of Natural Justice
Amit Kumar v. Union of India, (Jammu And Kashmir) : Law Finder Doc id # 2875172
