In a significant ruling, the Uttarakhand High Court has overturned the suspension of a junior assistant working in the state's irrigation department. The court found the suspension order legally flawed for failing to specify the seriousness of the allegations.
Court Cites Legal Flaw in Suspension Order
A single bench of Justice Manoj Kumar Tiwari delivered the verdict on Friday, setting aside the suspension of Gajendra Singh. The employee, who served as a junior assistant in the Purola irrigation department of Uttarkashi district, was suspended on December 5. The department had accused him of negligence while he was performing duties as a Booth Level Officer (BLO) for preparing voter lists for local body elections.
The court's decision hinged on a critical legal requirement. Justice Tiwari ruled that the suspension order was "not legally sustainable" because it did not state that the allegations against the employee were of a serious nature warranting a major penalty.
Advocate Highlights Violation of Government Servants Rules
During the hearing, the advocate representing the petitioner pointed to a specific rule that was not followed. He cited Rule 4(1) of the Uttarakhand Government Servants Rules, 2003.
The advocate argued that this rule makes it mandatory for a suspension order to clearly mention that the allegations are so serious that, if proven, they could lead to a major punishment. He contended that the department's order failed to fulfill this statutory requirement, rendering it invalid.
Implications for Government Employee Discipline
This judgment reinforces procedural safeguards for government employees in Uttarakhand. It underscores that authorities cannot suspend staff arbitrarily and must strictly adhere to the framework laid down in the service rules.
The court's emphasis on the need to justify the "serious nature" of charges before suspension sets a clear precedent. It ensures that disciplinary actions are taken only in cases warranting severe penalties, protecting employees from potentially unjustified immediate removal from service.
The ruling brings relief to Gajendra Singh, whose suspension has now been quashed, and serves as a reminder to government departments across Uttarakhand to follow due process in disciplinary matters.
