From Our Correspondent
TURA, Oct 18: The High Court of Meghalaya on Thursday quashed the service termination of a former employee of the Garo Hills Autonomous District Council (GHADC), Senora Johny Arengh, and directed the Council to reinstate his employment.
It may be mentioned that Arengh was the former president of the Non-Gazetted Employees’ Association (NGEA) and was in the forefront of the fight for the release of the pending salaries for the GHADC employees.
Earlier on August 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 notice, alleging the group had made several fabricated, incorrect, denigrating, defamatory and accusatory statements against the administration and officers of GHADC during a speech on July 22, 2021.
As per reports, in compliance with the show-cause notice, the president filed a reply. However, the authorities rejected the 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.
Dissatisfied and aggrieved with the termination order, Arengh knocked on the door of the High Court and filed a writ petition, challenging the order of the termination.
Arengh’ case was led by PT Sangma who argued that the Fundamental Right of the petitioner guaranteed under Article 14, 16 and 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 then 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 HC said, 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.
Observing that the impugned order of termination had been passed arbitrarily and was therefore illegal, the HC quashed the same.
Accordingly, the HC also directed the GHADC to reinstate the service of Arengh forthwith with all consequential financial benefits.