P. B. BAJANTHRI, RAMESH CHAND MALVIYA
Dasharath Ram – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J. – The appellant has assailed the order of the learned Single Judge dated 02.04.2019 passed in CWJC No. 5174 of 2019.
2. Appellant was appointed as Vikash Mitra under the guidelines issued by the State Government vide Annexure-A to the counter affidavit filed on behalf of the State.
3. The appellant while working as Vikash Mitra on certain complaints show-cause notice was stated to have been issued and explanation has been obtained. Thereafter, it is reliably learnt that inquiry was also held. While taking these material the concerned District Welfare Officer proceeded to terminate the services of the appellant with the consent/approval of the jurisdictional District Magistrate (ftyk inkfèkdkjh ).
4. If the appellant suffered an order before the learned Single Judge. Before the learned Single Judge appellant address the argument that procedures have not been followed while terminating the services and further it is contented that District Welfare Officer is not a competent authority to terminate the services of the appellant. On the other hand, it is only District Project Officer (ftyk ifj;kstuk inkfèkdkjh ). It is necessary to reproduce extract of the learned Singl
The court held that the termination of employment without due process can be deemed punitive when linked to integrity charges, thus violating constitutional protections.
Termination of a temporary employee must comply with principles of natural justice and authority jurisdiction; failure to do so makes the termination invalid.
The termination of services should be made by the appointing authority, and proper opportunity of hearing must be provided before making a decision with serious implications.
Termination of a probationary employee for unsatisfactory performance is lawful and non-stigmatic, requiring no formal inquiry or prior warning.
Termination of a probationary employee must follow due process, including an enquiry if misconduct is alleged; failure to conduct such an enquiry renders the termination invalid.
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