Mitali Palnitkar
Published On: February 09, 2022 at 17:45 IST
On 8th February 2022, the Kerala High Court held that even if the Statute does not have a provision of granting an opportunity of hearing to the parties, the Principles of Natural Justice shall be taken into consideration.
A woman working as Development Officer at Life Insurance Corporation of India (LIC), filed a Plea when she was terminated from service in November 2021 without any personal hearing.
The Plea was heard by Justice Murali Purushothaman. The Petitioner was represented by Advocate Binoy Vasudevan. The Standing Counsel for LIC was S Easwaran.
Justice Purushothaman held that the Order passed by the Senior Divisional Manager terminating the service of the Petitioner was violative of Principles of Natural Justice.
The Petitioner filed a Statutory Appeal against the Termination Order before the Zonal Manager in December 2021 but it was rejected. Thereafter, she approached the Kerala High Court.
Advocate Vasudevan argued that the Petitioner was unable to bring the required premium for the appraisal year due to the Covid-19 pandemic and the maternity leave.
He contended that the Termination Order was passed without application of mind and in disregard of Principles of Natural Justice. He pointed out that the Petitioner’s Plea was rejected by the Zonal Officer without hearing her.
Standing Counsel for LIC S Easwaran contended that under the Statute governing consideration of Appeal, there was no such provision granted for a personal hearing of the parties before an Order was passed.
The Court noted that the Petitioner was heard neither before she was terminated nor before her Appeal was dismissed. Therefore, it was found that the Principles of Natural Justice were violated.
It further stated,
“If the Statute is silent with regard to providing opportunity of personal hearing to the affected person, particularly when the Decision involves adverse civil consequences of termination of service, Natural Justice has to be read in to the Statute.”
The Court directed the Zonal Manager to consider the Petitioner’s Appeal afresh, provide an opportunity of hearing to her and pass a reasoned Order within 8 weeks. Until the Order is passed, the Petitioner was permitted to continue in service.