The High Court of Jammu & Kashmir and Ladakh has quashed the termination of a probationary employee of Devika Urban Cooperative Bank Ltd., Chenani, ruling that the action was taken as a measure of punishment without conducting a required inquiry.
The judgment was delivered by Justice Javed Iqbal Wani in the case titled Nedhi Abrol vs. J&K & Others.
Court’s Observation
The Court noted that the termination was not a simple discharge from service, but a punitive action, which required:
- A proper inquiry
- Opportunity of hearing
- Procedural fairness
Since these were not followed, the termination was held legally unsustainable.
Directions Issued by the Court
The Court directed:
- The Bank must reinstate the petitioner to the post of Cashier-cum-Clerk
- However, the petitioner will not be entitled to back wages
- The Bank has been granted six weeks to conduct a proper inquiry, if it decides to proceed with disciplinary action
If the Bank fails to initiate the inquiry in the given timeframe, it will be deemed to have waived its right to act further in the matter.
Key Points of the Judgment
- Punitive termination requires inquiry
- Probationary status does not override constitutional safeguards
- Reinstatement ordered without service arrears
- Inquiry window limited to six weeks
Legal Significance
The judgment reinforces that even probationary employees are entitled to procedural safeguards if their termination is based on allegations of misconduct rather than performance.