The Telangana High Court has issued a suspension on a Government Order that terminated the services of an Additional Public Prosecutor assigned to represent the State in front of the Sessions Judge, Bodhan. This suspension will remain in effect until the State submits a response to the court. Justice C.V. Bhaskar Reddy, part of the bench overseeing the case, highlighted that the termination occurred without prior notice or an inquiry, violating the principles of Natural Justice.
The court observed that the termination order lacked the issuance of any notice to the petitioner for an explanation and no inquiry was conducted before the order was passed. Such actions were deemed a significant violation of the principles of natural justice. Consequently, an interim suspension was granted pending the filing of the counter-affidavit, as requested by the petitioner.
The petitioner argued that their appointment to the position took place in October 2023 through a Government Order. However, on January 4th, their services were terminated by the Principal Secretary to the State, Home Department. The termination was based on an allegation that the petitioner had violated the Model Code of Conduct enforced during the State Legislative Elections.
The petitioner contended that the termination order was issued without conducting any inquiry or providing notification, and they sought to have it declared arbitrary, illegal, a gross violation of natural justice principles, and a breach of Article 14 of the Constitution of India. Additionally, the petitioner claimed that the termination was contrary to Clause 9 of Telangana Law Officers (Appointment and Conditions of Service) Instructions, 2000.
Following the petitioner's presentation, the Court ordered a notice before admission and directed the State, Director of Prosecutions, and Collector and District Magistrate of Nizamabad to file a counter-affidavit in the matter by the 20th of February. During this period, the order of termination remains suspended.
The High Court's intervention underscores the need for a fair and just process in employment termination cases, emphasizing the importance of adhering to principles of natural justice. The petitioner's plea to declare the termination as arbitrary and illegal will be further examined as the court awaits the State's response. The case brings attention to the delicate balance between executive decisions and safeguarding individuals' rights, as enshrined in the constitutional framework.
TAGS: Telangana High Court Government Order Additional Public Prosecutor Suspension Sessions Judge Bodhan Natural Justice Termination Model Code of Conduct State Legislative Elections Principal Secretary
