Bail Applicant Under Mandatory Obligation To Disclose Criminal Antecedents, Non-Disclosure Results In Erroneous Decisions: Andhra Pradesh High Court Judicial Decrees Cannot Be Set Aside By Administrative Orders After Decades; Long-Standing Revenue Entries Must Be Protected: Allahabad High Court 'Any Use Whatsoever' Includes Promotion & Events: Bombay High Court Restrains New Indian Express Group From Hosting Commercial Events Outside Southern States Reserved Category Candidates Who Qualify On Their Own Seniority Must Be Adjusted Against Unreserved Vacancies: Calcutta High Court Decree For Possession Can Be Passed If Landlord-Tenant Relationship & Termination Are Admitted; Unregistered Lease Is Month-To-Month: Delhi High Court Prosecution Against Co-Accused Not Sustainable When Main Accused Is Discharged On Same Facts: Jharkhand High Court Admission Of Handwriting On Account Statement Is Not Admission Of Its Contents; Corroborative Evidence Necessary To Prove Claim: Gujarat High Court Omission Of Label Defects In Food Inspector's Spot Memo Fatal To Prosecution For Misbranding: Himachal Pradesh High Court RBI Must Consult State Government, Not Just Registrar, To Supersede Co-operative Bank Board; Principles Of Natural Justice Excluded Under Section 36AAA: Kerala High Court Suit Filed Before IBC Proceedings Cannot Be Dismissed Under Order VII Rule 11 CPC; Section 96 Moratorium Only Stays Pending Actions: Calcutta High Court Senior Citizens Not Technologically Savvy Cannot Be Penalized For Not Checking Case Status On Court Website: Tripura High Court Telangana High Court Quashes Case Against CM Revanth Reddy Over 2019 Election Roadshow, Cites Bar Under Section 195 CrPC Maintenance Tribunal Orders Passed Without Mandated Three-Member Coram Are A Nullity: Punjab & Haryana High Court School Register Entry Regarding Date Of Birth Lacks Probative Value Unless Source Of Information Is Proved: Madhya Pradesh High Court Sets Aside POCSO Conviction Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Will | Disinheriting Caring Spouse In Favour Of Non-Relatives Is An ‘Unnatural Disposition’ Raising Grave Suspicion: Supreme Court Registration Does Not Automatically Validate Will If Process Is Shrouded In Suspicion; Testator's Illiteracy Increases Burden On Propounder: Supreme Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court

Unsatisfactory and Not Conducive’ Working Not Ground for Stigmatic Termination: Delhi High Court Sets Aside Termination of Warder

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Delhi High Court, on February 28, 2024, has set aside the termination order of a warder, Mr. Virender, employed by the Government of NCT of Delhi. The Court ruled that the grounds of “unsatisfactory and not conducive” working, as stated in the termination order, cannot justify a stigmatic termination without adherence to principles of natural justice.

The respondent, Mr. Virender, appointed as a warder and on probation, faced termination following an FIR lodged under the NDPS Act. The termination order, dated April 24, 2017, cited his services as “unsatisfactory and not conducive to the job requirements.” Challenging the order, Virender approached the Central Administrative Tribunal (CAT), which ruled in his favor, leading to the current petition by the Government of NCT of Delhi.

The crux of the matter revolved around whether the termination order, citing unsatisfactory performance without a formal inquiry, amounted to a stigmatic and punitive action against the warder.

The Court, led by Justices V. Kameswar Rao and Anoop Kumar Mendiratta, observed that termination for “unsatisfactory and not conducive” performance is not envisaged under Rule 5 of the CCS (Temporary Service) Rules, 1965, and therefore, cannot form the basis for a punitive action without a formal inquiry. Justice Rao noted, “Mere pendency of an FIR shall not preclude the employer from initiating disciplinary proceedings… the same needs to be proved on the principles of preponderance of probability.”

The High Court directed the reinstatement of Mr. Virender with all consequential benefits, in line with the relevant rules. However, it granted liberty to the petitioners to initiate disciplinary action in accordance with conduct rules, independent of the outcome of the ongoing FIR.

Date of Decision: February 28, 2024

Govt of NCT of Delhi and Ors. Vs. Virender

Latest Legal News