The Supreme Court has ruled that employees cannot be dismissed based on allegations not mentioned in the original show-cause notice, terming such action as a violation of due process.

A Bench comprising Justices Dipankar Datta and KV Viswanathan set aside the termination of two school teachers in Jharkhand, observing that they were penalised for a completely different ground from what was originally alleged.

The appellants, appointed as Intermediate Trained Teachers in 2015, were terminated in 2016 after being accused of failing to secure the required 45% marks. They clarified in response that as Scheduled Tribe (ST) candidates, the eligibility criterion for them was 40%, which they had met.

However, instead of addressing this reply, the authorities shifted the basis of disqualification, claiming that the vocational subject marks could not be included in the calculation—effectively introducing a new, uncommunicated charge. Without granting them an opportunity to respond, their services were terminated.

The teachers’ writ petition was initially allowed by a Single Judge of the Jharkhand High Court, but a Division Bench later reversed that decision, prompting the present appeal before the Supreme Court.

Justice Datta, writing for the Bench, held that punishing an employee on a charge never put to them is “a fundamental breach of natural justice and due process.” The Court likened it to a situation where a person defends one accusation but is penalised for another that was never notified.

Since the authorities acted in an “arbitrary and high-handed” manner, the Court quashed the termination orders and restored the appellants to their posts. The Court directed that the teachers, Ravi Oraon and Prem Lal, be treated as in continuous service from their original appointments in December 2015, with full arrears of pay and seniority. However, the period not actually worked will not count toward experience for promotion, as practical teaching experience requires active service.

Accordingly, the appeal was allowed, and the Division Bench’s order was set aside.

Cause Title: Ravi Oraon v. The State of Jharkhand & Ors.