Business Daily from THE HINDU group of publications
Friday, Apr 27, 2007
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Business Daily from THE HINDU group of publications Friday, Apr 27, 2007 ePaper |
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Industry & Economy
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Courts/Legal Issues States - Tamil Nadu Termination of TASMAC employee set aside Our Legal Correspondent
Chennai April 26 An order terminating services of its employees by Tamil Nadu State Marketing Corporation (TASMAC), without any notice or enquiry could not be sustained and was liable to be set aside, the Madras High Court has ruled. Allowing a writ petition by employee Mr R. Balakrishnan challenging an order dated May 17, 2006, by TASMAC's District Manager, Ambattur Industrial Estate, terminating his services, Mr Justice K. Chandru held that the impugned order was passed without following the minimum principles of natural justice. The petitioner had not been given an opportunity to be heard. The order was set aside.
Specific Charges
The Judge recalled that when similar petitions came up before the Court, it had allowed the petitions on the short ground that there were no specific charges framed and also no enquiry was conducted. After following the decision of Supreme Court, this Court set aside the impugned order and directed TASMAC to conduct enquiry strictly in terms of order of appointment and pass final orders. The Apex Court, in more than one case, had held that when an order of termination involved civil consequences and consequently amounted to stigma, same could not be passed without there being a charge memo, enquiry and finding as to those charges. The Judge said that this proposition of law had been recently reiterated by apex court in its judgement in: State of Haryana Vs Satyender Singh Rathore-2005(7) SCC 518.
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