Introduction:

In the case of Rajesh Das v. Society for Tripura Medical College & Ors, the Division bench of the Tripura High Court, consisting of Justice Aparesh Kumar Singh and Justice S.D. Purkayastha, addressed the issue of automatic reinstatement following the setting aside of a dismissal order. The petitioner, Rajesh Das, challenged the termination of his services by the respondent, alleging violations of natural justice and infringement of his right to freedom of speech. The respondent, Society for Tripura Medical College, defended the termination, asserting proper conduct of the inquiry and adherence to disciplinary protocols.

Arguments:

The petitioner argued that the inquiry officer failed to properly present the evidence, particularly the alleged offending social media posts, leading to an unjust termination. Additionally, the petitioner invoked his constitutional right to freedom of speech and expression under Article 19(1)(a), claiming entitlement to criticize the management.

On the other hand, the respondent contended that the inquiry was conducted in accordance with due process, affording the petitioner ample opportunity to present his defense.

Court’s Judgement:

The court acknowledged the single judge’s ruling that set aside the termination order due to procedural irregularities, specifically citing violations of natural justice. It noted the absence of substantiated evidence regarding the alleged social media posts, leading to the imposition of penalties solely based on the petitioner’s defense statement.

Rejecting the plea for automatic reinstatement, the court relied on precedent, including Union of India v. YS Sadhu and Chairman, Life Insurance Corporation of India v. A. Masilamani, which establish that setting aside a punishment order necessitates remittal to the disciplinary authority for a fresh inquiry, rather than automatic reinstatement.

With these considerations, the court dismissed the Civil Writ Appeal, affirming the need for procedural integrity in disciplinary proceedings.