High Court Decision : Will Government Employees lose their Jobs after being punished?, The High Court Clarified.
High Court Decision : Cases related to government employees often reach the courts. In a recent matter, the High Court has delivered an important verdict regarding the service conditions of employees. The court has clearly explained whether a government employee’s job will be terminated after conviction in a criminal case or whether it can continue. The High Court also made several significant observations in this matter. This judgment is important for every government employee to know.
High Court Decision : What the Allahabad High Court Said
The Allahabad High Court has delivered an important decision related to government employees. The court held that even if a government employee is found guilty in a criminal case and awarded punishment by a court, he or she cannot be dismissed from service directly.
The court clarified that a departmental inquiry is mandatory before dismissing a government employee. Without conducting such an inquiry, no employee can be removed from service, even if the employee has already been convicted. While making this observation, the High Court set aside the dismissal order issued by the departmental authorities.
Case Related to the Dismissal of an Assistant Teacher
In its judgment, the Allahabad High Court also referred to decisions of the Supreme Court. The court stated that under Article 311(2) of the Constitution, a government employee cannot be dismissed from service or reduced in rank without following due procedure.
The High Court declared the dismissal of an assistant teacher working in a government school in Kanpur Dehat as illegal and quashed the dismissal orders.
Assistant Teacher Was Dismissed by the Basic Shiksha Adhikari (BSA)
According to the case, an assistant teacher from the Kanpur Dehat region was sentenced to life imprisonment in a dowry death case. After the conviction, the Basic Shiksha Adhikari (BSA) dismissed him from service.
The High Court directed the authorities to pass a fresh order within two months in accordance with Article 311(2). Now, the reinstatement of the petitioner will depend on the new order passed by the department. The High Court delivered this verdict while hearing the petition filed by Manoj.
Sessions Court Had Awarded Life Imprisonment
The petitioner, Manoj, was appointed as an assistant teacher in a primary school in 1999. In 2009, a case of dowry death was registered against him. Later, the Sessions Court found him guilty and sentenced him to life imprisonment.
Following the conviction, the BSA dismissed him from service. However, the Allahabad High Court has now quashed the dismissal orders issued by the BSA, terming them unlawful due to the absence of a proper departmental inquiry.