The employees who enjoy property interest in their employment are subject to due process in case on any controversy arising for dismissal against them. Government is not capable to dismiss an employee without going in the due process according to the law.
The due process regulates itself in the form of hearing and giving equal opportunity to the employee to present his/her arguments against the allegations made on him/her. If the state is willing to cease the property interest of the employee, the due process clauses binds the state to notify the employee on prior basis, further hearing is also made on this and some compensation i.e. benefit is to be awarded to the employee on being deprived of this property interest.[1]
The due process restricts the state to act in accordance with the law, to avoid any unjust dismissal and to ensure the rights of government employee. The process is founded on definite and concrete facts; every thing is brought to the court and a neutral court gives a conclusive verdict on the case.
Contract employees, union members and government employees can only make benefit of the property interest by going in a due process. Private sector employees other than the two mentioned groups have no privileges of a due process, no matter how badly they are fired from the work place. Thus, there is need to enlarge the scope of due process so that the unjust dismissals that are made country wide can be countered with proper justifications and judicial proceedings. Due processes for property interests during employment are the source of reliability and safety, thus its necessity can be understood easily.
The research work is made by SM Waqas Imam, he is a fresh engineer and has graduated from NED university of engineering and technology in 2010.
[1] Lee, D. W. Handbook of section 1983 litigation 2009.