Employees can't be sacked arbitrarily: Supreme Court
merisarkar news service
New Delhi, February 03, 2010
'Principle of Natural Justice': SC
The Supreme Court observed on Wednesday that that the principle of 'natural justice' is a Constitutional requirement that has to be followed by government while taking disciplinary action against its employees.
The apex court said the inquiry officer must act as a quasi-judicial authority and not as a representative of government while inquiring into the charges of misconduct against the employees.
"Apart from the above by virtue of Article 311(2) of the Constitution of India, the departmental inquiry has to be conducted in accordance with rules of natural justice,” the court observed.
"It is a basic requirement of rules of natural justice that an employee be given a reasonable opportunity of being heard in any proceeding which may culminate in a punishment being imposed on the employee."
The court said, "When a departmental inquiry is conducted against any government servant, it cannot be treated as a casual exercise."
