SHILLONG, Oct 17: In a significant judgment, the High Court of Meghalaya has ordered the reinstatement of an officer of the Garo Hills Autonomous District Council (GHADC) who had been terminated from service after being accused of inciting non-gazetted staff members to protest within the office premises of the GHADC, Tura, on July 22, 2021.
The petitioner’s counsel, PT Sangma, argued that the termination violated the officer’s fundamental rights under Articles 14, 16, and 21 of the Indian Constitution. The officer, employed as a Lower Divisional Assistant since 2013, had received a show-cause notice from the GHADC Principal Secretary on July 30, 2021. The notice accused him of leading the protest and making defamatory statements against the GHADC administration. Despite the officer’s written rebuttal, the Executive Committee decided to terminate his services in a meeting on August 5, 2021.
The court found that the GHADC had failed to follow proper disciplinary procedures, including appointing an inquiry officer, before terminating the officer’s employment.
The termination, deemed arbitrary and illegal, was quashed.
The court has directed the GHADC to reinstate the officer with immediate effect and to provide him with all consequential financial benefits.
