Himachal Pradesh High Court Upholds Natural Justice for Contractual Employees
Justice Sharma emphasized that administrative convenience cannot override constitutional protections. The court also noted that the letters sent to Kumar did not amount to a valid show cause notice.
In a significant ruling that reinforces the constitutional mandate of fairness, the Himachal Pradesh High Court has held that principles of natural justice must be followed even for temporary or contractual employees. The judgment, delivered by Justice Sandeep Sharma on May 21, 2025, sets a precedent for employment jurisprudence across India.
Case Background
The petitioner, Surinder Kumar, had been working as a Data Entry Operator with the Central Sanskrit University since 2008. In 2024, he was suspended on allegations of habitual absence, negligence, and misbehavior—without being issued a show cause notice or subjected to a formal inquiry.
Kumar challenged the suspension through a writ petition, arguing that the action was arbitrary and violated his right to a fair hearing. The university contended that as a temporary employee, Kumar was not entitled to the same procedural safeguards as permanent staff.
Court’s Observations
The court decisively rejected the university’s stance, stating:
- Suspension without a show cause notice is a clear violation of natural justice.
- Even temporary or contractual employees are entitled to a fair hearing before punitive or stigmatic action is taken.
- The court cited precedents including Darshana Kumari v. State of Himachal Pradesh and Nar Singh Pal v. Union of India, affirming that misconduct allegations require formal disciplinary proceedings, regardless of employment status.
Justice Sharma emphasized that administrative convenience cannot override constitutional protections. The court also noted that the letters sent to Kumar did not amount to a valid show cause notice.
Verdict
The High Court:
- Set aside the suspension order as illegal.
- Directed the university to reinstate the petitioner with full back wages.
- Clarified that the university may initiate fresh proceedings, but only after issuing a proper show cause notice and conducting a fair inquiry.
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