Filling case directly by an employee in the high court with out prior permission

T. K. Jacob (Querist) 05 June 2012 This query is : Resolved
Sir,
Kindly enlighten me on the following case:

Our Institute is under the Indian Council of Agricultural Research (ICAR- autonomous body)under the Ministry of Agriculture, Government of India.
One of our permanent employees (Technical Officer) was suspended from service as a case was registered against him under Wild life act for poaching and killing a deer. He was granted bail by the Judicial First Class Migistrate. The Institute (Indian Institute of Spices Research, Kozhikode, Kerala ) charge-sheeted him and proceedings are initiated. He has directly filed a case in the Hon'ble High Court of Kerala for stopping the disciplinary proceedings and to reinstate him in service.

He is under suspension for more than 6 months.
Whether he can approach the High Court with out prior permission of the employer? and without approaching the CAT?
Whether we can call for an explanation from him for directly filing the case in the High Court?

Kindly advise me.
Thanking you in advance,

T.K. Jacob, Principal Scientist, Indian Instittue of Spices Research, Kozhikode- 673 012, Kerala. Mob. 09447539967

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Guest (Expert) 05 June 2012
Dear Mr. Jacob,

In your query you have not mentioned whether the suspended employee preferred or not an appeal against his suspension order and what was the decision of the appellate authority, if he submitted appeal? If appeal was rejected, he has a right to approach the competent CAT/court of law to seek justice.

Even otherwise, he does not have to seek any permission to file a case in CAT or HC for seeking orders of the honourable court for revokation of his suspension order. Employer cannot ask for explanation of the employing for approaching the HC even without approaching the CAT.

However, if your institute falls within the jurisdiction of CAT and the employee has directly approached the HC, the employee is likely to be directed by the HC to approach the right forum, i.e., CAT. Further, if he has not submitted any appeal to the appellate authority, his case is likely to be dismissed by the CAT with the direction to the employee to first exhaust the official channels, i.e., submission of appeal to the appellate authority and wait for the decision from the appellate authority.

Kiran Kumar (Expert) 05 June 2012
well explained by Mr. Dhingra

the department cannot obstruct the legal rights of its employees.

the employee has every right to approach the court of law if there is a violation of his rights.

the only requirement here is that the proper procedure must have been followed.