Chaini Parwani –
Published on: December 1, 2021 at 13:08 IST
The Punjab and Haryana High Court noted that an employee should not show over-anxiety or over-reaction simply because the employer has asked him/her to explain certain facts.
The Bench of Justice HS Madaan stated “The employer has got administrative control over the employees working in its establishment. If the employer feels that an employee has committed some misconduct or has indulged in an activity, which is in violation of conduct rules, then the employer certainly has a right to seek explanation from the employee in the regard.”
The Petition was filed by Satyawan Singh, who retired as superintending engineer, Gurugram Municipal Corporation.
The Petitioner pleaded of dismissing a show-cause Notice issued to him in 2020 over withdrawal of promotion orders.
The Haryana Government had identified an alleged anomaly in his promotion case, which the department desired to be corrected and commenced the process for which the Petitioner was served notice to state his position.
Further while dismissing the plea on the grounds that it was premature the Court stated “The petitioner ought to have replied to the show-cause notice and appeared for personal hearing before the competent authority to present his view point. The respondents having not taken a final decision in the matter, the petitioner is feeling agitated unnecessarily and have rushed to the court.”
The Court further noted the wrong done or some illegality committed in the procedure can certainly be investigated, by following rule of Natural Justice.
The Court further added that it is not a case of review of any promotion carried out by pervious members of the department; rather a wrong is being sought to be undone.