Tura, Oct 18: In a major development, the Meghalaya High Court has quashed the termination of a former employee of the Garo Hills Autonomous District Council (GHADC), Senora Johny Arengh and directed the Council to reinstate his employment.
Arengh was the former president of the Non Gazetted Employees’ Association and was in the forefront of the fight to receive pending salaries to employees. The judgment was passed yesterday, Oct 17.
Earlier on Aug 6, 2021, the principal secretary to the EC of the GHADC had ordered the termination of Arengh as well as other members of the NGEA following a show cause alleging the group had made several fabricated, incorrect, denigrating, defamatory and accusatory statements against the administration and officers of GHADC during a speech on Jul 22, 2021.
As per reports, in compliance with the show cause notice, the president filed a reply. However the authorities rejected the show cause reply citing the reason that the show cause filed by the president was completely dissatisfactory and did not hold water, following which Arengh was terminated.
Being dissatisfied and aggrieved with the termination order, Arengh approached the HC and filed a writ petition vide WP© No.248 of 2021 challenging the order of the termination.
Arengh’ case was led by P.T. Sangma who argued that the fundamental right of the petitioner guaranteed under Article 14,16 & 21 of the Constitution of India had been violated by the action while adding that the principle of natural justice had not been followed as no disciplinary proceedings had been followed by the authorities of GHADC while terminating the service of the petitioner.
The High Court vide yesterday’s judgment observed that procedures as prescribed in Rule 9 of Meghalaya Service (Discipline & Appeal) Rules, 2011 had not been carried out in the case. As such the termination from service, not only violated rule 9 but also demonstrated that the principle of natural justice was not followed in the case of the petitioner.
The HC further observed that the impugned order of termination had been passed arbitrarily and was therefore illegal and was therefore liable to be quashed.
Accordingly the HC has set aside and quashed the termination order and directed to the Council to reinstate the service of Senora Johny Arengh forthwith with all consequential financial benefits.