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NEW DELHI — A class-IV government employee cannot be sacked merely because he sent representations directly to superior authorities bypassing the proper channel, the Supreme Court has held.
A bench of Justices B R Gavai and P K Mishra made the observation while setting aside the termination of an employee of district judiciary.
Chhatrapal was dismissed for sending direct representations to the Registrar General of the Allahabad High Court and other officials of the Uttar Pradesh government, including the chief minister.
"A Class-IV employee, when in financial hardship, may represent directly to superiors but that by itself cannot amount to major misconduct for which punishment of termination from service should be imposed," the bench said.
It said even otherwise, the appellant has cited examples of other employees of the Bareilly district court who sent representations directly to senior authorities but no action was taken against them.
The top court ordered Chhatrapal's reinstatement after setting aside the order of the Allahabad High Court.
The high court had in 2019 dismissed his writ petition challenging the dismissal, saying it was devoid of merit.
Chhatrapal was appointed on a permanent basis as an orderly, a class IV post, in the Bareilly district court.
He was later transferred and posted as process server in the Nazarat of an outlying court of Bareilly. Though he joined the Nazarat Branch, he was being paid the remuneration of an orderly. Nazarat Branch, is the process serving agency responsible for delivery and execution of various processes like summons, notices, warrants etc. issued by courts.
After he made several direct representations to senior authorities, he was placed under suspension in June 2003 and a departmental enquiry was initiated against him.
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