Court Directs Fresh Proceedings Under MGNREG Scheme Guidelines to Ensure Fair Removal Process
In a significant ruling by the Kerala High Court, Justice A. Badharudeen has overturned the removal of a contractual employee working under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREG Scheme) due to non-adherence to government-issued guidelines. The court's decision underscores the importance of following prescribed procedures for the disengagement of contractual employees and highlights the legal implications of bypassing such protocols.
The case in question, filed by petitioner Shamseera Parambath, challenged the issuance of a show cause notice and subsequent removal from her post as an Accredited Engineer based on a vigilance report that recommended her dismissal due to alleged dereliction of duty. The petitioner argued that the removal was executed in violation of guidelines stipulated by the government for disengaging contractual employees. These guidelines, delineated in Exhibit P9, were central to the petitioner’s contention that her dismissal was illegal.
The vigilance report, dated October 25, 2023, had recommended the petitioner’s removal, which was subsequently communicated to the Block Programme Officer of Kunnummal Block Panchayat and followed by the issuance of a show cause notice on January 5, 2026. The petitioner’s counsel asserted that the procedure outlined in Exhibit P9 was not adhered to, rendering the removal process unlawful.
In defense, the respondents argued that the vigilance recommendation was the result of a comprehensive inquiry, which included statements from seven individuals, including the petitioner, thereby justifying the issuance of the show cause notice and subsequent actions.
However, the Kerala High Court found the issuance of the show cause notice insufficient and unsustainable due to its violation of the procedures established in Exhibit P9. Justice Badharudeen emphasized that guidelines for the removal or disengagement of contractual employees must be strictly followed and that bypassing these guidelines is illegal. The court upheld the vigilance report but directed the initiation of fresh proceedings in strict accordance with the government guidelines.
The court ordered that the petitioner should continue in her position until new proceedings are finalized, ensuring compliance with Exhibit P9. The judgment mandates the 5th respondent to conclude the removal process within three months, adhering to the guidelines and considering the recommendation in the vigilance report.
This ruling serves as a reminder of the legal obligations concerning the rights and procedures applicable to contractual employees under the MGNREG Scheme, reinforcing the necessity for governmental bodies to adhere to established guidelines to ensure fair and legal employment practices.
Bottom line:-
Removal of a contractual employee under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREG Scheme) must comply with government-issued guidelines governing the disengagement of contractual employees. Bypassing such guidelines is deemed illegal.
Statutory provision(s): Article 226 of the Constitution of India
Shamseera Parambath v. State of Kerala, (Kerala) : Law Finder Doc id # 2865020
