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Court says departmental inquiry is important if employee is dismissed


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In a significant ruling, the High Court of Jammu and Kashmir and Ladakh has set a precedent by stating that government authorities cannot dismiss an employee without recording valid reasons for bypassing a departmental inquiry. This ruling came about due to the case of Abdul Hamid Sheikh, a police officer who was terminated without due process.

Background of Abdul Hamid Sheikh’s Case

Abdul Hamid Sheikh served as a Personal Security Officer (PSO) and was accused of having connections with militants and planning to steal weapons from fellow PSOs to supply them to militants. However, Sheikh challenged his dismissal in 2019, arguing that authorities did not follow proper procedure and denied him a fair chance to defend himself.

Emphasis on Legal Procedures

The bench, consisting of Justices Rajnesh Oswal and Moksha Khajuria Kazmi, highlighted the importance of adhering to legal procedures. They emphasized that authorities can only bypass an inquiry after recording valid justification for its impracticability. In Sheikh’s case, the court observed a lack of recorded satisfaction by the competent authority regarding the impracticability of an inquiry. The dismissal order did not mention such impracticability, which violated constitutional provisions.

Quashing of Dismissal Order and Reinstatement

The court quashed Sheikh’s dismissal order due to procedural lapses and directed the authorities to reinstate him within three months. The ruling emphasized the significance of following legal procedures in cases that impact public order and national security. However, the court clarified that the authorities are free to initiate fresh proceedings against Sheikh following proper legal procedures.

Another Ruling: Dismissal of Manzoor Ahmed Bhat

In another ruling, a Division Bench comprising Justices Rajneesh Oswal and Moksha Khajuria Kazmi upheld the dismissal of Manzoor Ahmed Bhat, an assistant accounts officer of the Sericulture Department. Bhat was dismissed under 311(2)C of the Indian Constitution. The court refused to provide any relief to Bhat, stating that his unblemished service record cannot outweigh misconduct threatening public order. The appeal was dismissed for lack of merit.

Conclusion

These rulings by the High Court of Jammu and Kashmir and Ladakh highlight the importance of adhering to legal procedures when dismissing employees. The court’s emphasis on recording valid reasons for bypassing a departmental inquiry ensures that employees’ rights are protected while upholding the principles of justice and fairness in administrative actions.

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