Criminal Case Alone Cannot Justify Employee’s Termination, J&K Hight Court
Srinagar, Feb 18, KNT: The Jammu and Kashmir High Court has ruled that the withdrawal of an employee’s appointment during the probationary period, without conducting an inquiry, is illegal. The court stated that the mere pendency of a criminal case cannot justify the termination of services without giving the employee a chance to defend themselves in an inquiry.
A bench headed by Justice M.A. Chowdhary emphasized that the pending criminal proceedings do not reflect a person’s character and cannot serve as grounds for dismissal unless a conviction occurs.
The court referred to a previous ruling in the case of Faheem vs. Union of Kashmir (2003), where it was held that termination for misconduct that carries a stigmatic impact requires a proper inquiry.
In the case at hand, the respondent was appointed to a Class IV position in the PWD under the compassionate appointment scheme. His appointment was withdrawn after a criminal case was filed against him. The court upheld the tribunal’s decision to restore his appointment, stating that the employer’s action was premature and that the employee should have been allowed to face the trial first.
While ruling in favor of the employee, the court gave the employer the liberty to take action based on the outcome of the criminal trial. The court disposed of the petition while emphasizing the importance of proper procedure and the employee’s right to be heard. [KNT]
