S.K. Shankarappa vs The Panchayath Development Officer and another. Writ Petition 48068/2018 decided on 21 October 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/350766/1/WP48068-18-21-10-2020.pdf
Relevant paragraphs: 8…“Whether a permanent employee of the Panchayat can be removed on acts of misconduct without holding a departmental enquiry?”
12 & 13. Sections 113 (3) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 noticed. The afore-extracted provision of law, no doubt empowers the Gram Panchayat to reduce in rank, remove or dismiss any employee appointed by it. But this cannot clothe the Gram Panchayat with the power to remove a permanent employee on grounds of misconduct, without holding an enquiry and giving reasonable opportunity to defend himself as the allegations made would remain allegations until it is substantiated by a process known to law failing which, it would amount to removal of an employee on the basis of suspicion.
14. It is trite law that any amount of suspicion cannot take the place of proof and proof can be arrived at only if a procedure to arrive at is followed. Thus, conduct of a departmental enquiry in the wake of the allegations of misconduct is mandatory and cannot be obviated or circumvented in any manner.
15. Though the employee of a Gram Panchayat is not a civil servant in its true sense and would not get the protection of Article 311(2) of the Constitution of India nonetheless, a Gram Panchayat being a State under Article 12 of the Constitution of India and is bound by the rigors of Article 14 of the Constitution of India.
16. Therefore, even if a provision bestows power upon the employer to remove an employee for misconduct under any statute without holding an enquiry, natural justice and reasonable opportunity of defence will have to be read into such statutes failing which, the very exercise of such power and the manner of its exercise becomes blatantly arbitrary. More so, when an action under the statute is likely to result in loss of livelihood or cast a stigma on such employee. If the aforesaid interpretation is not given to such statutes, it would be giving absolute, unbridled and unguided power to the employer to dismiss an employee which would not stand the test of Article 14 of the Constitution of India.
17. An instrumentality, agency or any other authority under Article 12 of the Constitution of India must act fairly, justly and reasonably as fair treatment is an essential inbuilt of principles of natural justice. It is apposite to quote the words of the Apex Court “reasonableness and non-arbitrariness pervades the entire constitutional spectrum and is a golden thread which runs through the whole fabric of the Constitution of India”. Therefore, any act of unreasonableness or unfair treatment will fall foul of the rigors of Article 14 of the Constitution of India.
Writ Petition allowed.
Compiled by S. Basavaraj, Advocate, Daksha Legal
Daksha Legal 