The Hindu : National : Can employees be sacked without enquiry?

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Wednesday, Oct 10, 2007
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Can employees be sacked without enquiry?

Legal Correspondent

New Delhi: The Supreme Court has admitted a special leave petition filed by the Centre raising the question whether an employee can be summarily dismissed, without holding an enquiry, in exceptional cases.

After hearing Additional Solicitor-General R. Mohan, a Bench consisting of Justices A.K. Mathur and Markandey Katju stayed a Madras High Court judgment directing the Railways to reinstate three of the five employees, who were dismissed without enquiry for assaulting a retired railway officer. It would examine whether the High Court, in matters of disciplinary proceedings, could import its own satisfaction on the feasibility or otherwise of holding an enquiry before passing the termination order.

The Southern Railway disciplinary authority dismissed five employees for assaulting a retired officer on a platform at the Tiruchi station and threatening his family members and other railway officials. On a representation, the revision authority directed reinstatement of three of the employees in a lower post but rejected the plea of the other two. The Central Administrative Tribunal ordered the reinstatement of these two in their original posts but declined to interfere with the order passed on the others. While the Railways challenged in the High Court the reinstatement of two of these employees, the other three questioned the reduction in rank.

The High Court dismissed the Railways’ plea and also directed the reinstatement of three employees in their original posts.

Indiscipline

Assailing this order, the SLP said the High Court failed to take into consideration that such acts of indiscipline could not be ignored in the interest of the administration and the general public. In the considered opinion of the disciplinary authority, an enquiry was dispensed with as it was not practicable to hold it. The SLP sought quashing of the judgment.

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