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RAJEEV RANJAN PRASAD
Balbir Singh Beniwal Son of Late Late Nihal Singh Beniwal – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Heard Mr. P.N. Shahi, learned Senior Counsel assisted by Mr. Samir Kumar, learned counsel for the petitioner and Mr. Anjani Kumar, learned senior counsel assisted by Mr. Alok Kumar Rahi, learned counsel for the Bihar Animal Sciences University.
2. The petitioner in the present case is seeking the following reliefs:-
(ii) To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of certiorari to quash the order dated 22.03.2021 issued by Vice Chancellor, Bihar Animal Sciences University, Bihar Veterinary College Campus, Patna by which he has been pleased to direct the petitioner to hand over Administrative Charges of post of Dean, Sanjay Gandhi Institute of Dairy Technology, Patna.
(iii) To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of mandamus di
Termination orders with allegations of misconduct require a formal inquiry and adherence to natural justice, even for contractual employees.
Termination under CCS (Temporary Service) Rules Rule 5(1) is punitive if founded on specific misconduct without formal enquiry, even if order appears simpliciter; requires reinstatement with liberty ....
Termination of a probationer must not cast stigma without due process; otherwise, it is deemed illegal and arbitrary.
Termination of a probationary employee requires a departmental inquiry if allegations of misconduct are made, and continued employment without formal disengagement results in deemed permanency.
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.
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