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S. VISHWAJITH SHETTY
SHARADHA L. DODMANI W/O SHANKAR – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. The petitioner, who was serving as an Accountant with the Town Municipal Council, Badami, has approached this Court with a prayer to quash the order dated 27.07.2018 passed by the 2nd respondent, vide Annexure-A, terminating her services and consequently to reinstate the petitioner.
2. Brief facts of the case that would be relevant for the purpose of disposal of this petition are that the petitioner was appointed as an Accountant on temporary basis by the 2nd respondent-Town Municipal Council vide appointment order dated 03.10.2008. There afterwards, the petitioner was continuously serving in the 2nd respondent without there being any interruption. The petitioner, along with other similarly situated employees had approached this Court in W.P. No. 103135/2016 and connected writ petitions seeking regularization of her service and the said writ petitions was disposed of by this Court on 20.02.2017 directing the competent authority to consider the case of the petitioners therein for regularization and till such consideration, the services of the petitioners was directed not to be disturbed. There afterwards, the petitioner received a show cause notice alleging that the petitio
Termination orders should not be a camouflage for punishment and should not circumvent the constitutional provisions, especially in cases of alleged misconduct.
A termination order based on allegations of misconduct without conducting a departmental inquiry is stigmatic and punitive in nature, requiring compliance with principles of natural justice.
Termination of probationer under temporary service rules, though innocuous on face, is punitive if founded on misconduct allegations requiring inquiry and natural justice, notwithstanding withdrawal ....
Due process is required even for contract employees facing stigmatic termination, emphasizing the necessity of an enquiry under Article 311(2) of the Constitution.
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