The High Court of Sikkim, through a single bench of Justice Bhaskar Raj Pradhan, delivered a decisive judgment on December 11, 2024, setting aside an order dated February 14, 2023, which had revoked the modification of a penalty from dismissal to compulsory retirement for a government employee. The judgment held the necessity of adhering to principles of natural justice and the procedural mandates under Rule 11 of the Sikkim Government Servants’ (Discipline and Appeal) Rules, 1985 ("Discipline Rules").

The petitioner, Mani Kumar Subba, a former Divisional Engineer in the Human Resource Development Department of the Government of Sikkim, contested the February 14, 2023, order that reinstated his dismissal from service, initially imposed on September 25, 2018. The impugned order was issued without affording him an opportunity to be heard, a violation of the procedural safeguards enshrined in Rule 11 of the Discipline Rules.

The petitioner had earlier admitted charges of misconduct, leading to his dismissal. However, upon his representation, the Governor exercised revisional powers under Rule 10 of the Discipline Rules and modified the penalty to compulsory retirement with pensionary benefits on February 27, 2019. The subsequent withdrawal of this order by the February 14, 2023, decision became the subject of the present writ petition.

Justice Pradhan observed the procedural safeguards inherent in Rule 11, stating, “No order imposing or enhancing any penalty shall be made without providing the government servant concerned a reasonable opportunity to make a representation against the proposed penalty.” The court found that the petitioner was not afforded such an opportunity before the issuance of the February 14, 2023, order, rendering it procedurally flawed.

The respondent State justified the withdrawal of the modification order on the grounds that the requisite consultation with the Sikkim Public Service Commission was not undertaken during the earlier decision. However, the court observed that the absence of consultation did not qualify as "new material or evidence" capable of altering the nature of the case, a prerequisite for invoking the Governor's power of review under Rule 11.

The court relied on established principles, holding that procedural safeguards cannot be overlooked, especially when punitive measures are at stake. Justice Pradhan stated that the impugned order also failed to adhere to the principles of natural justice, noting that it was issued unilaterally without granting the petitioner an opportunity for a hearing.

The court remarked that the procedural error in the earlier decision to modify the dismissal penalty could not retrospectively justify the State's unilateral withdrawal of that decision. “Fair play and adherence to the rules of procedure are the cornerstones of any disciplinary proceeding,” Justice Pradhan stated.

Quashing the February 14, 2023, order, the court restored the February 27, 2019, order granting the petitioner compulsory retirement with pensionary benefits under the Sikkim (Pension) Rules, 1990. The court directed the respondents to implement the order within three months.

Case Title: Mani Kumar Subba v. State of Sikkim & Ors.
Case Number: W.P. (C) No. 52 of 2022
Bench Details: Justice Bhaskar Raj Pradhan