Court dismisses petition challenging the discontinuation of employment for breach of conduct and disclosure of sensitive information.
In a significant judgment, the Uttarakhand High Court has upheld the termination of an outsourced employee of the Forest Department for misconduct and breach of conduct. The decision was delivered by Justice Manoj Kumar Tiwari on May 27, 2026, in the case of "Manoj Pal Singh v. State of Uttarakhand." The petitioner, Manoj Pal Singh, had challenged the order dated February 17, 2024, which discontinued his engagement with the Forest Department.
The petitioner was engaged through an outsourcing agency, UPNL, and his services were terminated following allegations of misconduct. The court noted that Singh had visited the residence of an individual accused of illicit tree felling and disclosed sensitive information without authorization. Despite being warned previously, Singh did not amend his conduct, leading to the issuance of a show cause notice by the Forest Range Officer, Jhajhra Range.
In his defense, Singh contended that the allegations were unsubstantiated and that he was being unfairly targeted. However, the court observed that Singh did not dispute the claims made in the show cause notice, effectively accepting the allegations against him. Justice Tiwari emphasized that outsourced employees do not have a lien on their posts and can be dismissed for misconduct following due process.
Furthermore, the court highlighted the expectation that all employees, whether regular or outsourced, must refrain from divulging sensitive information, even if not bound by the Official Secrets Act. Singh's actions were deemed a breach of this expectation, justifying his termination.
In conclusion, the High Court declined to interfere with the impugned order, dismissing the writ petition. This judgment reaffirms the principles of accountability and integrity in public service, especially concerning outsourced personnel.
Bottom line:-
Outsourced employees do not have lien on the post. Disclosure of sensitive official information by an outsourced employee, even if not bound by the Official Secrets Act, is a breach of expected conduct in public service.
Statutory provision(s): Service Law, Outsourced Employee Conduct, Judicial Review of Misconduct, Disclosure of Sensitive Information, Official Secrets Act.
Manoj Pal Singh v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2926030