Chhattisgarh HC upholds reinstatement of a watchman, ruling that “suspicion of theft” requires a full inquiry even for temporary employees

Bilaspur : The High Court of Chhattisgarh has reaffirmed the importance of natural justice in employment, dismissing an appeal by judicial authorities and ordering the reinstatement of a watchman whose services were terminated over a suspected theft.

The case centers on Gaind Ram Yadav, who was appointed as a watchman in 2016 under the unreserved handicap category. His employment was suddenly jeopardized in April 2019 when a Reverse Osmosis (RO) filter went missing from the New Court Premises in Bilaspur. Despite Yadav’s explanation that he discovered the filter in an area where furniture work was being conducted and had no knowledge of its removal, the District and Sessions Judge terminated his services in June 2019, citing “suspicion of intentional theft.”

Justice Ramesh Sinha CJ and Justice Ravindra Kumar Agrawal _ Local Law

A Single Judge bench previously intervened, setting aside the termination order. The judge ruled that the dismissal was “stigmatic” and lacked the necessary procedural fairness, specifically noting that a full inquiry had not been conducted. The court ordered Yadav’s reinstatement with all service benefits, though it left the decision regarding back-wages to be determined based on his employment status during the termination period.

The District and Sessions Judge’s office appealed this decision, arguing that as a contingency-paid employee, Yadav was only entitled to a basic explanation of allegations under Rule 15 of the Recruitment Rules of 1980. The appellants contended that issuing two show-cause notices was sufficient and that Yadav’s alleged negligence justified his removal from a sensitive security role.

However, the Division Bench, led by Chief Justice Ramesh Sinha and Judge Ravindra Kumar Agrawal, upheld the previous ruling. The court emphasized that even for temporary or contingency-paid staff, the substance of natural justice must be met especially when the grounds for dismissal carry a lasting stigma, such as theft. The Bench concluded that a mere show-cause notice was insufficient for such serious allegations and that a full inquiry was mandatory to provide a fair opportunity for defense.

Case Reference : District and Session Judge, Bilaspur Chhattisgarh and Another vs Gaind Ram Yadav and Another (WA No. 351 of 2026)

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