Fair Treatment and Speedy Justice: Striking an Even Balance
Aureliano Fernandes vs State of Goa
Facts:
An inquiry was initiated against an employee by the Internal Committee, after receiving multiple complaints of alleged sexual harassment on his part. The internal committee, after passing an ex-parte order (without the other party) against the employee on account of his absence during the inquiry proceedings on multiple occasions, held that his act amounted to grave misconduct and recommended that his services be terminated. As a result, considering the charges levelled against him, the employee’s services were terminated.
The accused challenged the aforesaid order before the High Court. The High Court observed that the Internal Committee had granted ample opportunities to the accused, but he had failed to appear before it. The court rejected the accused's plea that the internal committee was improperly constituted. Furthermore, the contention that the inquiry was conducted without a fair hearing was also rejected. As a result, the Court found no merit in the petition and dismissed it, ruling that the principles of fair treatment and natural justice were not violated.
Aggrieved by this judgment, the employee then went on to challenge the verdict before the Supreme Court.
Issue:
Was the inquiry conducted unfairly?
Summary of Decision:
The Supreme Court observed that the inquiry was completed too quickly and that the Accused was not given reasonable time to effectively participate in the proceedings. The hasty manner in which the inquiry proceedings were conducted went against the principles of fair treatment and natural justice, as it did not give the appellant a proper opportunity of being heard. On grounds of procedural irregularities, the Supreme Court quashed and set aside the judgment passed by the High Court and the matter was sent back to the Internal Committee for it to conduct of a fresh inquiry, in accordance with the principles of fair treatment and natural justice.
