Job Predominant Source Of Livelihood, Snatching It Away Offends Fundamental Right To Life: Karnataka High Court On Dismissal Sans Inquiry

The Karnataka High Court has said that Grama Panchayat cannot dismiss an employee only if a criminal case is registered against him. Dismissal from service can be ordered only after holding an enquiry, it added.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by Attikaribettu Grama Panchayath challenging a Single Judge's order whereby one Ganesha's dismissal from service was set aside with a direction to reinstate him in the position forthwith. The court said,

“In a society like ours, job more often than not happens to be the predominant source of livelihood and therefore snatching away a job (in public employment), like the one that has happened in the case at hand, virtually amounts to taking away the means of livelihood of the employee. That offends the pith & substance of fundamental right to life & liberty constitutionally guaranteed under Article 21.”

Noting that no employee can be punished that too by way of dismissal from service without giving an opportunity of hearing, the court observed, “The principles of natural justice as being a part of Article 14. Ours being a Welfare State, Article 12 - Entities have to conduct themselves as model employers and their decisions should be pregnant with human values.”

Court said ordinarily where an employee is convicted and sentenced for an offence involving moral turpitude, he can be removed from the employment on that ground per se. "Thus, had the Respondent been convicted & sentenced for such an offence and on that ground he was removed from service, the Appellants could have had an arguable case for examination in Appeal. However, that question does not arise in this case.”

Accordingly, it dismissed the appeal and asked the Panchayat to decide on employee's request for payment of backwages.

Appearance: Dr.S.Arumugham for Appellant.

AGA Niloufer Akbar for R2.

Advocate Sharanjith Shetty for R3.

Citation No: 2024 LiveLaw (Kar) 21

Case Title: Attikaribettu Grama Panchayath AND Ganesha & Others

Case No: Writ Appeal No 543 OF 2023

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