Court Upholds Fair Process: Termination of Teachers' Employment Overturned.


08 October 2024 Employee Related >> Corporate Law  

In a significant ruling of Kishor Sitaram Dongardive & Another v/s Brihanmumbai Municipal Corporation & Others, emphasizing the principles of natural justice, a court has quashed the termination orders of two teachers employed by a municipal corporation. This decision underscores the importance of providing fair hearings and adequate opportunities for defense before terminating employment.

Case Background:

The cases stem from a recruitment advertisement published on March 8, 2019, by the municipal corporation seeking candidates for teaching positions. Both petitioners applied for the role of Shikshan Sevak and were subsequently selected and employed: one starting on February 1, 2020, and the other on September 18, 2019. However, their employment was abruptly terminated on December 17, 2021, after the corporation received police character certificates, raising concerns about their past conduct.

 

 

Key Arguments and Proceedings:

The first petitioner highlighted that he had been acquitted of all charges in two separate cases before the Additional Sessions Judge in Washim, reinforcing his claim to employment. Despite this, the corporation failed to provide any notice or opportunity for a hearing prior to termination. The same argument was presented by the second petitioner, who noted that all criminal cases against him had been closed.
Counsel for the municipal corporation argued against reinstating the petitioners but could not substantiate that any formal notice or hearing had been provided before the termination orders were issued. The court found this lack of due process particularly troubling given that the petitioners had been in their positions for 22 and 25 months, respectively.

Court's Decision:

Considering the circumstances, the court deemed it appropriate to quash the termination orders and allowed the municipal corporation to issue fresh show cause notices for a hearing. The court mandated that a reasonable opportunity for a hearing be provided, with a final reasoned order to be delivered within 60 days of the notice.
The ruling is significant not only for the individual petitioners but also for reinforcing the need for transparency and fairness in employment practices within public institutions. The court emphasized that natural justice must be upheld, particularly when individuals' livelihoods are at stake.

Conclusion:

The decision to quash the termination orders reflects a commitment to due process and fairness in employment matters. It sends a strong message to public institutions about the necessity of adhering to established legal procedures when taking actions that affect employees' rights. As the municipal corporation prepares to issue new notices, the case highlights the critical balance between administrative authority and individual rights in the realm of public employment.