Bilaspur: The division bench of Chief Justice Ramesh Kumar Sinha of the High Court has declared the order of removal of ITI training officers as illegal. The ITI training officers have got a big relief after the government’s appeal was rejected.
The court has said that no government employee can be removed from service by merely issuing a show cause notice. The division bench has upheld the order of the single bench and dismissed the government’s appeal.
Actually, the ITI training officers were fired from their jobs by the department after serving for eight years, against which the training officers had filed a petition in the High Court. Durgesh Kumari, Mahesh, Tikendra Verma, Hemeshwari, Shalini and others had filed a petition in the High Court stating that the Joint Director of the Employment and Training Department had issued an order on January 10, 2013 and appointed them on the post of training officer on probation. After successfully completing two years of service in this, they were given permanent appointment.
Nearly eight years later, on October 6, 2021, the Director of Technical Education and Employment Department issued a show cause notice and said that the order issued on January 10, 2013 against the provisions of the Chhattisgarh Public Service Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation Rules, 1998, hence the appointment order is canceled on the basis of Section 14.
Hearing the case, the Division Bench said that the petitioners have been confirmed as government servants in the post of Training Officer. They have completed more than 8 years of their respective services. They are entitled to the constitutional protection guaranteed under Article 311(2) of the Constitution of India and thus their services cannot be terminated merely on the basis of a show cause notice. The Division Bench has upheld the decision of the Single Bench, quashing the order issued on 6 October 2021.
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