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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Mathad Gurubasavaraj, S/O. Late. M. Nagavushan – Appellant
Versus
State Of Karnataka Rep By Its Secretary To Govt Skill Development Entrepreneurship And Livelihood Department – Respondent
| Table of Content |
|---|
| 1. termination of services without inquiry. (Para 1 , 3 , 4 , 5) |
| 2. arguments regarding necessity of inquiry. (Para 6 , 7) |
| 3. enquiry required for stigmatic termination. (Para 8 , 18) |
| 4. legal right to inquiry for contract employees. (Para 10 , 19 , 20 , 21) |
| 5. order for reinstatement and enquiry. (Para 24) |
ORDER :
M. NAGAPRASANNA, J.
1. The petitioner is before this Court calling in question the order dated 12.04.2022, by which the services of the petitioner came to be terminated.
2. Heard Sri.M.S.Haravi, learned counsel for the petitioner, smt. Girija S. Hiremath, learned HCGP for respondent Nos.1 to 3 and Sri.C.V.Angadi, learned counsel for respondent No.4.
3. The facts in brief germane are as follows:
On 30.08.2010, the petitioner was appointed by the 3rd respondent as a Community Development Expert to work in the 4th respondent–Corporation on a contract basis. Owing to certain misconduct and allegations that surfaced after two years of service, the services of the petitioner came to be terminated on 08.03.2012. The petitioner challenged the said termination order before this Court in Writ Petition No.63207 of 2012, which came to be allowed by setting aside the order of t
Due process is required even for contract employees facing stigmatic termination, emphasizing the necessity of an enquiry under Article 311(2) of the Constitution.
A termination based on misconduct, even of a temporary employee, must be preceded by a departmental enquiry to ensure procedural fairness and compliance with Article 14 of the Constitution of India.
Pont of Law: whenever charges are levelled when the action is found to be stigmatic, full-scale departmental inquiry deserves to be undertaken against a contractual employee on fixed salary.
Once the learned Single Judge having seen the records and come to the conclusion that the industry was not functioning after January, 1995, there is no justification in entering a different finding w....
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