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Delhi News: The bench of Justice C. Harishankar and Justice Om Prakash Shukla said in its order that this is not a normal step, especially where the allegations against the employee do not involve the element of moral turpitude or financial irregularities.
Delhi News : The dismissal case of a CRPF jawan reached the Delhi High Court. Now during the hearing of the case, the court said that dismissing an employee from the job is an extreme decision, because due to this his family has to face financial challenges. Besides this, the means of livelihood also comes to a complete halt. The Court clearly stated that dismissal is not a routine step, especially when the allegations against the employee do not involve any element of moral turpitude or impropriety. The High Court made this comment on October 13 while canceling the dismissal of a CRPF employee and ordering his immediate reinstatement. Termination from service is an extreme step.
Dismissed after three allegations
A bench of Justices C Hari Shankar and Om Prakash Shukla said in its order that this is not a normal step, especially where the allegations against the employee do not involve the element of moral turpitude or financial irregularities. Let us tell you that the officials had dismissed the employee after three allegations were made against him. The employee was accused of marrying another woman after his first marriage, marrying without paying full salary to the employer and taking child care allowance for the care of his second wife’s daughter before she formally adopted her. The petitioner, represented by advocate KK Sharma, argued before the disciplinary authority that his first marriage was validly dissolved by execution of a divorce deed on stamp paper in the presence of the Gram Panchayat.
Dismissing the employee is unfair: HC
The High Court said that this claim based on facts has been recorded in the dismissal order and it cannot be considered wrong. The Court said that under these circumstances at least it is clear that the marriage of the petitioner with the second wife was a bona fide marriage because his previous marriage with the first wife was dissolved through a dissolution deed executed on stamp paper in the presence of the village Panchayat. The bench further said that in such circumstances, it would be unfair in our opinion to dismiss the petitioner from service. The court also clarified that it is examining this aspect only from the perspective of whether the employee’s dismissal from service was justified. For this limited purpose, we do not consider it necessary to make a detailed factual or legal inquiry into whether the first marriage was validly dissolved from the point of law.
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