Termination from office w/o any reasonable cause,what can I do legally
26-Mar-2023 (In Labour & Service Law)
I have been terminated from my service by giving following reason in the termination notices "Prima facie if the conduct of the official is unbecoming of government servant, his services are liable to be terminated by giving one month's pay. Since his conduct has been found to be unbecoming of a Public Servant, in public interest, itis hereby ordered to terminate his services forthwith" (Same copied from termination order) I was not given any opportunity of being heard neither served any show cause notice to me before taking this action, internal departmental inquiry was also made that also without my knowledge. I have filed appeal to the next higher authority but there also i see a very less chances of being reinstate. I need suggestion for next step either legal or any other suggestion.
No permanent government employee can be terminated in the manner stated by you. In case your appeal is rejected you can challenge your termination order and appellate order by filing writ petition in the High Court. However more specific legal advice require details about nature of appointment, post, department etc.
You may straight away stake a claim to the termination order in the High Court, since the same has been breached in violation of principles BB of natural Justice. They were under an obligation to extend an opportunity to participate in the inquiry proceedings, same not having been done, the termination order is vitiated.
Name of the department and post. If you are a government employee holding permanent post and selected after due advertisement then major punishment can be passed without enquiry. Kindly give the details of your matter.
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