Lengthy Service of Public Employees Precludes Termination for Selection Irregularities Not Attributable to Their Misrepresentation

The respondents (Teachers) were appointed as Vidya Sahayaks/Primary Teachers in April 2010 following an advertisement dated December 21, 2009.

They underwent a standard selection process involving document verification and interviews.

Approximately 8 years and 8 months later, on December 12, 2018, the District Panchayat issued show-cause notices for termination.

The Panchayat alleged that an inquiry, prompted by a complaint of irregularities, revealed errors in calculating merit and missing records of applications for some candidates.

The Teachers challenged these notices in writ petitions; a learned Single Judge quashed the notices, finding no fault on the part of the Teachers, leading the Panchayat to prefer these Letters Patent Appeals.

1. Whether the District Panchayat was justified in issuing show-cause notices for termination nearly nine years after appointment based on alleged administrative irregularities in the merit list.

2. Whether the High Court should entertain writ petitions against show-cause notices when irregularities in the selection process are discovered post-facto.

Where appointments are made through a regular selection process involving verification of original testimonials and no misrepresentation or fraud is attributable to the employees, the employer cannot unilaterally void the appointment after a significant lapse of time.

Terminating employees after long years of service for technical administrative errors in merit calculation constitutes a "travesty of justice" based on the doctrine of proportionality.

The Court observed that the Teachers had followed all procedural requirements, including submitting applications via RPAD and attending interviews; these actions were duly acknowledged by the Education Committee at the time.

The Court highlighted that the Panchayat’s sudden claim of missing records or merit miscalculation 8 years later was untenable, especially since there was no evidence that the Teachers secured appointments through misrepresentation or suppression of facts.

The Court analyzed the temporal element, noting that the Teachers had discharged their duties for 16 years by the date of the appeal hearing, rendering the proposed termination legally and equitably unjustifiable even if appointments were technically irregular due to the Panchayat's own errors.

The Court dismissed the appeals and upheld the Single Judge’s order quashing the show-cause notices.