Communication of Order of Dismissal

In State of Punjab v. Amar Singh Harika, AIR 1966 SC 1313 it was held that mere passing of an order of dismissal or termination would not be effective unless it is published and communicated to the officer concerned. If the appointing authority passes an order of dismissal, but does not communicate it to the officer concerned, theoretically it is possible that unlike in the case on a judicial order pronounced in Court, the authority may change its mind and decide to modify its order. The order of dismissal passed by the appropriate authority and kept with itself, cannot be said to take effect unless the officer concerned knows about the said order and it is otherwise communicated to all the parties concerned. If it is held that mere passing of order of dismissal has the effect of terminating the services of the officer concerned, various complications may arise.

In Union of India v. Dinanath Shantaram Karekar, (1998) 7 SCC 569 it was held as under:

“Where the services are terminated, the status of the delinquent as a Government Servant comes to an end and nothing further remains to be done in the matter. But if the order is passed and merely kept in the file, it would not be treated to be an order terminating services nor shall the said order be deemed to have been communicated.” Dulu Devi v. State of Assam, (2016) 1 SCC 622.

 

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Filed under Dismissal of Services, Employment Law, Uncategorized

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