CHENNAI: A division bench of the Madras High Court comprising Justices R Subramanian and Sathi Kumar Sukumara Kurup has quashed an order of the Bar Council of Tamil Nadu and Puducherry to dismiss an employee. The bench also ordered his reinstatement.
Finding that the BCTNP failed to follow due procedure by not giving an opportunity to the petitioner, Justin, to present his case, the bench also set aside an order of a single judge. Justin was dismissed from service by BCTNP and subsequently, he challenged the dismissal order before the High Court. But he did not get relief from the single bench. Therefore, he filed a letter of patent appeal before the division bench in 2018.
Though the appellant had avoided taking the notice and the suspension orders, the bench said it found total non-compliance on the part of BCTNP with the rule 14 (b) of the Bar Council Rules which requires the council to frame charges and provide sufficient opportunity to him to answer the charges and thereafter impose punishment.
The bench also found neither the charges were framed nor charge memo served, vitiating the entire proceedings. Therefore, the appeal is allowed, the writ petition stands allowed and the impugned order dismissing the appellant from service will stand set aside, the bench ordered and said Justin is entitled to be reinstated with all service benefits.