SC: Dismissal Of An Employee For A Charge Not Mentioned In Show-Cause Notice Is Invalid.

 

Case Title:- RAVI ORAON VS. THE STATE OF JHARKHAND & ORS.

Citation:- 2025 INSC 1212 

Date:- 09.10.2025

 

Hon’ble Supreme Court Bench:- JUSTICE DIPANKAR DATTA & JUSTICE K.V. VISWANATHAN.

The Hon’ble Supreme Court recently set aside the suspension of school teachers in Jharkhand, after finding that they were declared ineligible based on a different charge, which was never labelled against them in the show cause notice.

  • The teachers were initially accused of not meeting the 45% marks eligibility requirement for appointment as Intermediate Trained Teachers in 2015. They replied that, as Scheduled Tribe (ST) candidates, they only needed 40% marks, which they had secured.
  • However, instead of accepting their explanation, the authorities introduced a new allegation, claiming their marks were wrongly calculated by including vocational subjects.
  • This new charge was never part of the original notice, and the teachers were not given a chance to respond before being dismissed in 2016.
    The Hon’ble Supreme Court observed that punishing them for a completely different and unnotified charge violated the principles of natural justice and due process. The Hon’ble Court criticised the authorities for acting in an “arbitrary and illegal manner,” calling their actions highhanded.
  • The teachers will now be treated as if their services were never terminated and will receive full back pay and seniority benefits from December 2015.

However, the Hon’ble Court clarified that the time they were not actually teaching will not count toward their experience for promotion.

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