‘Order issued without hearing fundamentally defective’
*Quashes recovery order of Rs 4 lakh
Excelsior Correspondent
JAMMU, Feb 25: High Court of Jammu & Kashmir and Ladakh today held that failure to associate an employee in the enquiry process, particularly when the outcome of such enquiry has the potential to affect livelihood is a violation of the principles of natural justice and any order issued without hearing is fundamentally defective.
The Bench of Justice Wasim Sadiq Nargal was hearing a petition filed by a Fair Price Shop Dealer against whom the Food, Civil Supplies and Consumer Affairs Department had passed an order for recovery of excess carriage of food grains amounting to Rs 4,38,305.
After hearing Advocates Rameshwar Singh Jamwal and Adeep Bandral for the petitioner and Government Advocate Sumeet Bhasin, Justice Nargal observed, “when an enquiry is conducted without involving the employee, especially in situations where the result could lead to the termination or other severe consequences, it breaches the principle of right to be heard”.
“Additionally, the failure to involve the employee in the enquiry process could lead to an arbitrary decision, thus infringing upon their right to a fair hearing. It is well-established in jurisprudence that any action affecting an employee’s livelihood must be preceded by a fair, transparent and unbiased process, where the person is not only notified against the allegations leveled against him but is also afforded an opportunity to participate in their defense”, High Court said.
Stating that in the instant case one sided enquiry has been conducted against the petitioner, High Court said, “Apex Court in catena of judgments has consistently upheld the principles of natural justice in matters of an employees’ discipline, particularly when an enquiry may lead to adverse consequences. The legal doctrine of natural justice insures that no person should be condemned unheard, particularly when such actions impact their livelihood and career”.
About the question whether enquiry proceedings can be conducted without issuing a notice to the person against whom the same has been initiated, High Court said, “a person involved in the enquiry proceedings must be given a proper notice of the proceedings, detailing the nature of the action or decision, as well as the allegations or evidence that will be considered”.
“This gives them an opportunity to prepare a defense. Thus failure to follow these principles, particularly the failure to issue proper notice or providing an opportunity to be heard, can result in the decision being deemed procedurally flawed or unjust, which would likely render the proceedings invalid, as it undermines the fairness of the process and violates the right to a fair hearing”, High Court further said, adding “in the instant case enquiry was conducted without associating the petitioner”.
“The failure to issue notice was an attempt to prevent the petitioner from having an opportunity to present his case, as a result, the respondents’ action clearly violate the principle of natural justice with an ulterior and biased motive behind their conduct”, High Court said while quashing the order of recovery.
However, the High Court allowed the respondents to initiate a fresh enquiry, if deemed necessary, but only in strict accordance with the law, ensuring the petitioner’s participation and issuing a proper show cause notice. Moreover, High Court directed the release of the amount of Rs 4,38,305 deposited by the petitioner, along with accrued interest.
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