Service Lawyer: Second dismissal order passed against the employee is illegal; SC.

Supreme Court of India

Justice Sanjiv Khanna and Justice Mohan M. Shantanagoudar

The SC {Rajasthan Housing Board v. Roshan Lal Saini & Anr.} holds that there cannot be two orders of dismissal against the employee. If first order of dismissal is in force, then, in that case the departmental proceedings qua second chargesheet should be put in abeyance. And, in case, for any reason(s), the first dismissal order is set aside by the court. Then, in that case it was open to the employer to proceed with second chargesheet and bring it to logical conclusion - as in case of setting aside of first dismissal order the relationship of employer and employee between the parties stands restored. 

In view of above, in the present case the second dismissal order passed against the employee was set aside and quashed by the SC. Further, directed in case of setting aside of first dismissal order, the proceedings qua enquiry report (in respect of second dismissal order) shall recommence and all the parties shall be entitled to take objections/ defence / pleas as available in law.