Sanjay Jain Vs. The State of MP & Ors.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 478 of 2021, Judgment Date: Jul 12, 2021

Law Point -

Service Law-Clause 22 of the Contract - Deeming provision of termination on remaining absent for more than one month-The principles of natural justice must be read into the provision. The Clause-22 is interpreted by taking into account the similar provisions of standing orders etc.

Fair Play and Reasonableness -The procedure adopted by employer must be just fair and reasonable. Moreso when its impact is on the right of livelihood of a person.

Validity of order-Judicial Review -The validity of an order is to be judged on the basis of the reasons mentioned in the impugned order. Reasons cannot be supplemented by way of filing return in the Court.

Natural Justice - Any order which entail civil consequences could be passed only by following the principles of natural justice.

Backwages/Consequential Benefits - Action of termination is disapproved, but liberty is reserved to the employer to proceed against the petitioner within stipulated time, failing which, employer shall be liable to pay full backwages and other consequential benefits. If inquiry is conducted and order is passed, the grant of backwages and other benefits will depend on the outcome of the inquiry/action.

Sanjay Jain Vs. The State of MP & Ors.