Court orders reinstatement of Kamlesh Kumar Sahu, ensuring adherence to Article 311(2) and proper inquiry procedures
In a landmark judgment, the Chhattisgarh High Court has overturned the dismissal of Kamlesh Kumar Sahu, a teacher accused of misconduct, citing violations of natural justice and constitutional provisions. The court underscored the necessity of conducting a departmental inquiry before imposing any major penalty, as mandated by Article 311(2) of the Indian Constitution.
Presided by Justice Bibhu Datta Guru, the court highlighted that the dismissal order issued on February 7, 2025, was executed without a show cause notice or a proper inquiry, thus breaching the principles of natural justice. The petitioner, represented by Advocate Mr. Ashutosh Trivedi, challenged the dismissal which was based on allegations of sending objectionable messages and making inappropriate video calls to a student. The lack of an inquiry prejudiced the petitioner’s career and future prospects, rendering the dismissal arbitrary and unsustainable.
The court emphasized the importance of recording reasons in writing when dispensing with an inquiry under Article 311(2)(b), which was absent in the present case. Justice Guru referenced several Supreme Court judgments, including Mohinder Singh Gill v. Chief Election Commissioner and Union of India v. Tulsiram Patel, to assert that the reasons for bypassing an inquiry must be based on objective facts and are subject to judicial review.
The judgment also stressed the procedural requirements under Rule 14 of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966, which were not adhered to in the dismissal process. The court quashed the impugned order, granting the authorities liberty to proceed with appropriate actions in compliance with constitutional and statutory provisions.
This verdict reaffirms the necessity of procedural fairness and adherence to established legal frameworks in disciplinary actions against government employees. The court's decision to quash the dismissal and allow for reinstatement serves as a reminder of the judiciary's role in safeguarding individual rights against arbitrary administrative actions.
Bottom line:-
Dismissal from service without conducting departmental inquiry or issuing a show cause notice violates the principles of natural justice and Article 311(2) of the Constitution of India.
Statutory provision(s): Article 311(2) of the Constitution of India, Rule 10 and Rule 14 of Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966
Kamlesh Kumar Sahu v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2940853
