Dismissal from service – Reasonable Opportunity

In a recent judgment of the Allahabad High Court in Ram Badan Chauhan v. Regional Administrative Committee, the term “Reasonable opportunity” in dismissing an employee from service was explained as under:

‘Reasonable opportunity would mean an opportunity which is to be given to the delinquent official to explain his conduct regarding the allegations leveled against him and also includes the manner in which the proceedings have been conducted. In this behalf, he is required to be provided both the inquiry report, copy of the proceedings in order to question the said inquiry. Appointing authority is required to examine the explanation of the delinquent official both on the manner in which inquiry has been conducted as also in respect to the punishment proposed by him. The proposed opinion framed by the appointing authority on the basis of an inquiry report is required to be reassessed and reviewed after the explanation is submitted by the delinquent official. This in essence is the requirement of rule as also based upon principle of providing reasonable opportunity to the delinquent official. “

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Filed under Dismissal of an employee, Employment Law

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