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BIBEK CHAUDHURI
Rahil Ahmed – Appellant
Versus
State of Bihar – Respondent
Bibek Chaudhuri, J. – The petitioner has invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, praying for following reliefs: –
“(i) For setting aside the order dated 10.12.2019 passed by the Principal Secretary, Rural Development Department, Government of Bihar, Patna upholding order of Termination contained in Memo No. 119 dt. 29.01.2019 passed by Respondent No.3, District Magistrate, District- Patna, Bihar and further to quash the order of Termination contained in Memo No. 119 dt. 29.01.2019 as well.
(ii) For directing the respondents to Reinstate the petitioner to his position of GRAMIN AAWAS SAHAYAK under the Bihar Rural Development Society, Rural Development Department, Government of Bihar, Patna as has been allowed to several other persons alike to the petitioner by the concerned Respondents in similarly situated matters of the same cadre and category.
(iii) To direct Respondents for the Payment of all back-due salaries along with consequential benefits to the petitioner from the date of his wrongful dismissal until his reinstatement.
(iv) For directing Respondents to pay the ex-gratia compensation for the mental and financial
Point of law: Contractual Employee - Order of termination of a temporary employee or a probationer or even a tenure employee, simpliciter without casting any stigma may not be interfered with by cour....
The court confirmed that contractual employment not involving State functionaries does not fall within the purview of Article 12, thus impacting the maintainability of writ petitions under Article 22....
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
The court upheld the termination of a contractual employee as valid, emphasizing that rights are governed by the contract terms, and principles of natural justice do not apply in the same manner to c....
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