Plea Of Automatic Reinstatement Upon Setting Aside Of The Dismissal Order Is Not Tenable: Tripura High Court

A Division bench of the Tripura High Court comprising of Justice Aparesh Kumar Singh and Justice S.D. Purkayastha while deciding a Writ Appeal in the case of Rajesh Das vs Society for Tripura Medical College & Ors has held that plea for automatic reinstatement upon setting aside of the dismissal order is not tenable. Background Facts The Society for Tripura Medical College (Respondent) framed charges against Rajesh Das (Petitioner) for criticizing the Respondent through the social media accounts of the Petitioner and for disturbing the normal functioning of the Respondent. It was further alleged that the Petitioner multiple times left his work place during work hours without permission and thus indulged in indisciplined behaviour. A Departmental Enquiry was instituted against the Petitioner after which the services of the Petitioner were terminated. The Termination order was set aside by the single judge of the Tripura High Court and a direction was passed for the Respondent to start the proceeding again from the stage of evidence. Aggrieved that the order of the single judge did not include a direction for reinstatement while the fresh departmental enquiry from the stage of evidence would remain pending, the Petitioner filed the Writ Appeal. It was contended by the Petitioner that the Inquiry Officer had proceeded to hold him guilty without properly adducing the offending posts as evidence in the Disciplinary Proceeding. Further, the Petitioner contended that he had the Right to Freedom of Speech and Expression under Article 19(1)(a) of the Constitution of India to criticize the management of the Respondent. On the other hand, it was contended by the Respondent that the inquiry was conducted in a proper manner after giving due opportunity to the Petitioner to submit his defence statement. Findings of the Court The court observed that the single judge had set aside the termination order on the grounds that the findings of the Inquiry Officer were violative of Principles of Natural Justice. The Presenting Officer had not established the charges by adducing evidence of the offending social media posts alleged to have been posted by the Petitioner and therefore, the penalty imposed on the Petitioner was only on the basis of his defence statement. The court further held that the plea for automatic reinstatement upon setting aside of the dismissal order is not tenable. The court relied on the judgments of Union of India Vs. YS Sadhu, Ex-Inspector, Chairman, Life Insurance Corporation of India and Ors. Vs. A. Masilamani and State of Uttar Pradesh & Ors. Vs. Rajit Singh wherein it has been held by the Supreme Court that once the court sets aside an order of punishment on the ground that the enquiry was not properly conducted, the court cannot reinstate the employee and must remit the case to the Disciplinary Authority for conduction of the inquiry from the point it stood vitiated. With the aforesaid observations, the Civil Writ Appeal was dismissed. Case No.- WA No. 17 of 2024 Case Name- Rajesh Das vs Society for Tripura Medical College & OrsCitation: 2024 LiveLaw (Trip) 3Counsel for the Petitioner- Mr. P Roy Barman, Sr. Advocate. Mr. K Nath, Adv Counsel for Respondent- Mr. SS Dey, Sr. Advocate. Mr. D Bhattacharjee, Sr. Advocate. Mr. A Saha, Advocate. Ms. A Chakraborty, Advocate Click Here To Read Order

Plea Of Automatic Reinstatement Upon Setting Aside Of The Dismissal Order Is Not Tenable: Tripura High Court

Udai Yashvir Singh

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