As termination of services of appellant probationers without holding proper enquiry and granting opportunity of hearing, termination order declared illegal and set aside. Where allegation of misconduct constitutes foundation of action taken, held, termination of service by competent authority can be nullified on ground of violation of natural justice.
[Amar Kumar v. State of Bihar, (2023) 9 SCC 160]
Case Comment:
The court set aside the impugned judgment and declared the termination of the appellants’ services illegal. The court ordered the respondents to reinstate the appellants with consequential benefits. However, the court also made it clear that the competent authority could hold an inquiry into the allegations of misconduct against the appellants. The court also stated that the competent authority could withhold posting to the appellants until the inquiry was concluded.
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