Court Orders Reinstatement and Payment of Arrears for Employee Terminated Without Due Process
In a significant ruling, the Madhya Pradesh High Court has quashed the termination orders of a permanent worker, Akhilesh Nimawat, who was dismissed without a formal inquiry, a move deemed contrary to the principles of natural justice. The court, presided over by Justice Jai Kumar Pillai, ordered the reinstatement of Mr. Nimawat as a permanent worker and directed the payment of arrears from December 2020 to October 2021.
The case, registered under Writ Petition No. 9914 of 2022, was filed by Nimawat against the State of Madhya Pradesh and other respondents. Nimawat's employment was terminated on two occasions, first on April 15, 2021, and again on January 24, 2022, with an intervening reinstatement on December 3, 2021, that downgraded his status to a daily wager. The court found these actions to be arbitrary and lacking adherence to due legal process.
The judgment emphasized that even contractual or daily-rated employees are entitled to the principles of natural justice. The court noted that the allegations against Nimawat, regarding disobedience and indiscipline, were not substantiated through a formal inquiry, rendering the termination orders unsustainable.
The petitioner, initially a daily wager since 1995, had secured permanent status through judicial intervention in 2012. However, he faced termination following allegations of misconduct related to ignoring instructions from higher authorities. Despite Nimawat's explanation and assurance to adhere to duties, the respondents deemed his conduct unsatisfactory and terminated his services without a proper inquiry.
Justice Pillai highlighted the necessity of conducting a formal departmental inquiry before imposing such severe penalties as termination. The court also referenced a similar precedent in the case of Malkhan Singh Malviya v. State of M.P., reinforcing the requirement of due process in employment termination cases.
Consequently, the High Court set aside the termination and reinstatement orders, directing the state to reinstate Nimawat to his position as a permanent worker and ensure the payment of his dues. The court allowed the possibility for the state to initiate fresh proceedings against Nimawat, provided they adhere strictly to legal protocols and afford him a fair opportunity to present his case.
This ruling reiterates the judiciary's commitment to upholding employment rights and ensuring that procedural fairness is maintained in disciplinary actions against employees.
Bottom line:-
Termination of employment without adhering to principles of natural justice is legally impermissible, even for contractual or daily-rated employees. Allegations of misconduct must be established through a formal inquiry before termination.
Statutory provision(s): Article 226 of the Constitution of India, 1950
Akhilesh Nimawat v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2901913
