Dismissal order quashed by the Madras High Court due to procedural lapses

An employee was charged for demanding and accepting bribe in connection with his official duties. An oral enquiry was conducted, and the enquiry officer’s report concluded that the charges were not proven. Despite this, a further show cause notice was issued against the employee to which he submitted his response denying charges. Subsequently, disciplinary authority charged employee of demanding and accepting bribery and imposed the punishment of dismissal. The employee filed Writ Petition no. 11754 of 2024 seeking to quash dismissal order claiming it to be arbitrary and illegal. The single judge bench observed that the disciplinary authority did not issue proper second show cause notice as it did not include tentative findings and specific reasons for the authority’s disagreement with the Enquiry officer’s report. A fair opportunity was not afforded to the employee to respond to the reasons of disagreement. Therefore, the dismissal order had procedural lapses and the employer is directed by the court to proceed afresh from the stage of issuing a proper second show cause notice.