'Stigmatic': Gujarat High Court Directs Reinstatement Of Employee Terminated Without Inquiry Following Allegations Of Corruption
The Gujarat High Court recently quashed and set aside the order of termination issued against the Petitioner, sans any inquiry, merely on the basis of a FIR registered against him under the Prevention of Corruption Act.It directed that the Petitioner be reinstated however, it refused to grant back-wages considering the principle of no work, no pay, as also applied by a Division Bench...
The Gujarat High Court recently quashed and set aside the order of termination issued against the Petitioner, sans any inquiry, merely on the basis of a FIR registered against him under the Prevention of Corruption Act.
It directed that the Petitioner be reinstated however, it refused to grant back-wages considering the principle of no work, no pay, as also applied by a Division Bench in similar facts in State of Gujarat vs Chetan Jayantilal Rajgor.
The Bench comprising Justice Biren Vaishnav was hearing a petition challenging the order of termination passed by the Respondent authority wherein the Petitioner, the Assistant Motor Vehicle Inspector Class-III was terminated on the ground of lodging of an FIR under Sections 7, 8, 12, 13(1)(D) and 13(2) of the Prevention of Corruption Act.
The Petitioner challenged the order of termination. It was averred that the Petitioner was removed on the basis of an allegation of misconduct and financial irregularities without appropriate notice and inquiry.
The Bench relied on Kaminiben Thakorbhai Patel v. State of Gujarat rendered in LPA No.761 of 2021 wherein it was held:
"When the order of termination passed against the appellants petitioners and impugned before the learned single Judge is considered in light of the aforesaid principles laid down, it could be discerned that the termination was founded on the alleged misconduct of the petitioner that they fabricated the documents or at least as parties to the process of such fabrication in order to seek transfer and that they had committed misconduct by submitting transfer applications which was impermissible. Even otherwise the order was manifestly on the ground of misconduct. It became stigmatic order. It could not have been passed without full scale inquiry."
Thus, it ordered,
"The order of termination dated 16.3.2017 is quashed and set aside. The petitioner is directed to be reinstated without back-wages within ten weeks from the date of certified copy of the order."
The Bench also made it clear that the respondent authorities will not be precluded from proceeding against the petitioner for the alleged misconduct in accordance with law.
Case Title: Hiren Dahyabhai Rathod vs State Of Gujarat
Case No.: C/SCA/15471/2020