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2005 Supreme(SC) 1167

ARIJIT PASAYAT, H.K.SEMA
State Of Haryana – Appellant
Versus
Satyender Singh Rathore – Respondent


Judgment

Arijit Pasayat, J.—State of Haryana and Director General, Health Services, Haryana call in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court holding that the order of termination passed by the authorities was without legal sanction.

2. The background facts in a nutshell are as follows:

Respondent (hereinafter referred to as the ‘employee’) was appointed as Medical Officer in the Directorate of Health, Services, Haryana by an order dated 6.11.1997 on a fixed salary of Rs. 8,000/- per month for a period of six months from the date of joining. It was clearly indicated in the letter of appointment that the services of the employee being on contractual basis could be terminated at any time without assigning any reason with 24 hours notice from either side. By order dated 25.3.2002 services of the employee were terminated. The same was challenged before the High Court by filing a writ petition.

3. Before the High Court it was urged by the writ petitioner that the order of termination, though in the face of it appears to be termination simpliciter, was relatable to alleged misconduct and, therefore, was penal in nature. Reference was

















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