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Order of dismissal without giving any reason

Shivendra Pratap Singh

Advocate

15/09/2022

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Question: I have been dismissed on the oral complaint but nowhere that complaint is mentioned in the dismissal order. That order of dismissal was passed without giving any reason. The departmental inquiry is initiated without recording formal complaint and information about my misconduct. I have opposed that proceeding but dismissed from service without any reason. I want to take appropriate legal action against the government. Please suggest appropriate legal action which I can take in this matter. 

Asked from: Uttar Pradesh

You should challenge the validity of the order of dismissal in the High Court under Article 226 of the Constitution. The dismissal order is void because it is unreasoned. The disciplinary authority did not record any reason for passing such a harsh punishment. 

This order is violating the constitutional protection available to the public servants under Article 311 of the constitution of India.  In Union of India v. Tulsiram Patel [(1985) 3 SCC 398] the Supreme Court has held that recording of reasons for forming the requisite satisfaction is mandatory.   

However, the disciplinary authority is not bound to disclose the reason in the punishment order but he has to record in his proceeding. Whenever the court calls that proceeding the authority has to produce the reason on that basis the dismissal order was passed. Inflicting punishment without stating sound and just reason is illegal; 

In Collector of Monghyr v. Keshav Prasad Goenka [(1963) 1 SCR 98] the Supreme Court has held that where the statute requires the recording of reasons, any action taken without recording the reasons is invalid.

Thus, the order of dismissal is invalid. It violates the provisions of Article 311. The High Court, at the stage of admission may stay the order and call counter from the opposite party. If the order of dismissal was without giving any reason the High Court shall quash such an order. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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