Srinagar: In a significant ruling, the Jammu and Kashmir High Court has declared that terminating an employee during their probationary period solely based on a pending criminal case, without conducting a proper inquiry, is unlawful. The court emphasized that the mere existence of criminal proceedings does not warrant dismissal unless the employee is given an opportunity to defend themselves.
A bench led by Justice M.A. Chowdhary highlighted that pending criminal charges do not inherently reflect an individual’s character and cannot be used as justification for termination unless a conviction is secured. The court cited the precedent set in the 2003 case of Faheem vs. Union of Kashmir, which established that termination for misconduct with a stigmatic impact must follow a thorough inquiry.
The case in question involved a Class IV employee in the Public Works Department (PWD) who was appointed under the compassionate appointment scheme. His employment was revoked after a criminal case was filed against him. The court upheld the tribunal’s decision to reinstate the employee, stating that the employer’s action was premature and that the employee should have been allowed to face trial before any disciplinary measures were taken.
While ruling in favor of the employee, the court granted the employer the right to take appropriate action based on the outcome of the criminal trial. The judgment underscored the necessity of adhering to proper procedures and ensuring the employee’s right to a fair hearing. The petition was disposed of with these directives.
