In a significant legal decision, the Rajasthan High Court's Jaipur Bench has ruled in favor of reinstating a government employee who was terminated from their position in 2007. The judgment, delivered by Justice Anoop Kumar Dhand, emphasizes the importance of affording government employees facing dismissal or removal under Article 311(2) of the Indian Constitution a fair opportunity.

The petitioner, Sanjay Dadich, contested the order issued on July 11, 2007, which led to his immediate termination from his government employment. Initially, Mr. Dadich had applied for the role of Physical Education Teacher Grade II in 1998 but was denied the position due to doubts about the legitimacy of his degree. In response, Mr. Dadich took legal action, and in 2005, the court instructed the authorities to reexamine his qualifications, taking into account his state-level certificate.

Following his appointment in 2006, Mr. Dadich's employment was abruptly terminated on February 14, 2007, amid accusations of forged sports certificates. In response to these allegations, he submitted a miscellaneous application, which resulted in the withdrawal of his dismissal in May 2007. However, the withdrawal was subject to a separate investigation into the authenticity of his sports certificates.

While these proceedings were ongoing, an FIR (First Information Report) was filed against Mr. Dadich. In August 2021, he was fully acquitted of all charges by the Chief Judicial Magistrate's Court in Kota.

Nonetheless, the dismissal order issued on July 11, 2007, failed to provide Mr. Dadich with a fair opportunity to present his defense. In the judgment, Justice Anoop Kumar Dhand stressed that "an order of removal from service that deprives an individual of a reasonable opportunity to defend themselves, disregarding the safeguards provided by Article 311(2) of the Constitution, is invalid and has no legal standing."

The court determined that Mr. Dadich, being a permanent government employee, was eligible for the safeguards outlined in Article 311(2). His termination without a fair investigation infringed upon the principles of natural justice and constitutional protections.

As a result, the court invalidated the termination order and instructed the responsible authorities to reappoint Mr. Dadich. They were also given the freedom to conduct a new inquiry while adhering to the principles of natural justice. This investigation should be completed within six months from the date of the court's ruling.

Case: Sanjay Dadich vs. the State of Rajasthan, S.B. Civil Writ Petition No. 6869/2007.

Read/Download Order: Sanjay Dadich vs. the State of Rajasthan