Himachal Pradesh High Court in State of HP vs. Ramesh Chand (CWP No. 8500 of 2013), recently ruled that termination of employment cannot be based solely on a preliminary inquiry. The court emphasized that dismissal without a full-fledged departmental inquiry is legally impermissible, as no proper investigation was conducted after issuing a charge sheet, nor was the employee given an opportunity to defend themselves. Referring to Sections 25-F and 2(oo) of the ID Act, the court reiterated that termination as a form of punishment does not constitute retrenchment under the ID Act.
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