No enquiry, no dismissal: Rajasthan HC says even forgery allegations demand due process

Brief facts of the case involve an employee named Sharvan Choudhary being appointed as a Physical Training Instructor. A few months into the service, he was served a show cause notice, alleging that his appointment was secured through forged documents. His services were immediately terminated without a formal charge sheet or any disciplinary enquiry. The issue before the Rajasthan High Court was whether such summary termination, without following the due process of law, based on preliminary investigation and dissatisfaction with the employee’s reply, could withstand the dictates and tests of natural justice as well as service rules. The Court held that since the Petitioner was substantively appointed, in the legal sense, the service was governed under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. The rules mandate that termination should be in accordance with established disciplinary procedures, including issuance of a charge sheet, an opportunity to present a defence, and a proper enquiry for termination of services for misconduct or fraud. Considering this, the Court held that terminating the petitioner simply based on an unsatisfactory reply to a show-cause notice, was legally impermissible. Setting aside the termination order with immediate reinstatement of the petitioner, the Court allowed the employer an option to hold a fresh disciplinary enquiry. This case reiterates a long-standing but important principle in service law which states that even in misconduct allegations, albeit serious ones such as forgery, the employee’s right to due process cannot be disregarded.