MP High Court: Government Lawyer Cannot Be Removed for Alleged Negligence Without Proper Inquiry

The Madhya Pradesh High Court has ruled that a government advocate cannot be removed from service on allegations of negligence without first being given a fair opportunity to defend himself through a proper departmental inquiry. The Court observed that when a termination order carries a stigma and affects a person's professional reputation, it must comply with the principles of natural justice.

The case concerned Manoj Singh Raghuwanshi, who was serving as an Additional Government Pleader and Additional Government Advocate in Shivpuri. His services were terminated in March 2025 after authorities concluded that he had been negligent while conducting a murder trial. The allegations stemmed from the omission of certain prosecution witnesses from the witness list during court proceedings.

Raghuwanshi argued that the omission was inadvertent and was later corrected after it came to notice. He contended that despite responding to notices issued by the authorities, no formal departmental inquiry was conducted before his services were terminated.

After examining the record, Justice Anand Singh Bahrawat found that the termination order specifically referred to "serious negligence," making it a stigmatic order with potential consequences for the advocate's future career. The Court held that such findings could not be recorded solely on the basis of a fact-finding exercise without conducting a regular inquiry, issuing formal charges, and providing an opportunity to contest the allegations.

Observing that the order was stigmatic, unreasoned, and passed in violation of due process, the High Court quashed the termination order and directed the petitioner's reinstatement. However, it clarified that the State remains free to initiate fresh proceedings in accordance with law after following the prescribed procedure.