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Manoj Jha (Service)     05 November 2025

Whistle blow

Can a Person in Senior Management be Suspended and then Dismissed from Services for blowing a Whistle on Pan India Recruitment Scam? Can an employer dismiss with a clause " Dismissed with a Disqualification from any Future Employment "?l


Quick Summary
This discussion explores whether senior management can be suspended and dismissed for whistleblowing on a Pan India recruitment scam. It questions the legality of dismissal with a clause disqualifying future employment and whether a departmental enquiry is mandatory. The consensus is that whistleblowing is not an offence, and dismissal without proper enquiry or proportionality may be unlawful, especially if it constitutes professional misconduct.

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     05 November 2025

The dismissal from service can be done only after proper departmental enquiry conducted 

kavksatyanarayana (subregistrar/supdt.(retired))     05 November 2025

Did the employer order for any enquiry into the irregularity?

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh )     05 November 2025

No Whistle blowing doesn't fall under any sort of financial fraud or job related irregularity , it will fall under professional misconduct for which dismissal as punishment is against the Doctrine of Proportionality.

Dr. J C Vashista (Advocate )     06 November 2025

Whistle blowing is not an offence for which an employee may be suspended and dismissed as stated by you.

Whether there was a departmental inquiry conducted before passing the order of dismissal, if so, did the deliquent official defend properly ?

What are the facts of the case and your concern? 

Instead of posting an examination hall question paper, it would be appreciated if you may come out with your dispute /problem for consideration and obligation of experts on this platform.


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