‘Stigmatic’: Gujarat High Court Directs Reinstatement Of Employee Terminated Without Inquiry Following Allegations Of Corruption

Case: Hiren Dahyabhai Rathod vs State Of Gujarat
Coram: Justice Biren Vaishnav
Case No.: C/SCA/15471/2020
Court Observation:
The Gujarat High Court quashed and set aside the order of termination issued against the Petitioner, sans any inquiry, merely on the basis of an FIR registered against him under the Prevention of Corruption Act.
It directed that the Petitioner be reinstated however, it refused to grant back wages considering the principle of no work, no pay, as also applied by a Division Bench in similar facts in State of Gujarat vs Chetan Jayantilal Rajgor.
The Bench relied on- “When the order of termination passed against the appellant’s petitioners and impugned before the learned single Judge is considered in light of the aforesaid principles laid down, it could be discerned that the termination was founded on the alleged misconduct of the petitioner that they fabricated the documents or at least as parties to the process of such fabrication in order to seek transfer and that they had committed misconduct by submitting transfer applications that were impermissible. Even otherwise, the order was manifestly on the ground of misconduct. It became stigmatic order.
It could not have been passed without full-scale inquiry”, from Kaminiben Thakorbhai Patel v. the State of Gujarat.
“The order of termination dated 16.3.2017 is quashed and set aside. The petitioner is directed to be reinstated without back-wages within ten weeks from the date of a certified copy of the order.”

‘Stigmatic’: Gujarat High Court Directs Reinstatement Of Employee Terminated Without Inquiry Following Allegations Of Corruption