HC: Show-cause notice needed before dismissal of employee

The High Court has ruled that an employee must be given a show-cause notice and an adequate opportunity to respond and defend themselves before being dismissed over allegations of misconduct, negligence or unethical activities.

The court said disciplinary action taken without following the relevant service rules is not legally sustainable.

Justice Md Riaz Uddin Khan delivered the verdict on July 30 in a civil revision case filed by Md Ainal Haque, a former village police member of Nurullahabad Union Parishad in Naogaon. The full verdict was published on the Supreme Court website on Sunday.

The court said the applicable service rules required authorities to give Haque an opportunity to explain the allegations and, if proven, to respond to the proposed punishment.

The HC also observed that even allegations of irregularities in an appointment do not automatically remove an employee’s right to a hearing, unless the appointment was fundamentally illegal, such as one obtained through fraud or forged documents.

The court cancelled the lower courts’ decisions and declared Haque’s dismissal unlawful, ordering his reinstatement and payment of his outstanding salary and allowances.

-AJM