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BIBEK CHAUDHURI
Sanjeev Ranjan – Appellant
Versus
State of Bihar – Respondent
Bibek Chaudhuri, J.—The Petitioner has filed the instant petition, praying for the following reliefs:—
(i) For issuance of order(s), direction(s), writ(s) particularly in the nature of writ of Certiorari for quashing of Impugned Letter bearing no. BMSIC/05099/02-2017/2257 dated 30.06.2022 issued by Managing Director, Bihar Medical Services & Infrastructure Corporation Limited (BMSICL), whereby and whereunder the petitioner has been restrained to perform administrative as well as financial duties of the corporation for the mere reason that one FIR vide Patna Sadar State Vigilance unit case no. 09/22 dated 27.06.2022 was registered against the petitioner for the offences
u/s 13(1)b, r/w 13(2), r/w 12 of PC Act, 1988 and 120 (B) of IPC and it has been further directed to submit his reply within three days as to why legal action as per due procedure of law be not initiated against the petitioner.
(ii) For issuance of order(s), direction(s), writ(s) particularly in the nature of writ of mandamus for a direction upon the respondent authorities to allow the petitioner herein to continue with his services as a General Manager (Projects & Design) in Bihar Medical Services & Infrastructure Lim
Termination of a contractual employee based on an FIR does not constitute a stigmatic termination if the service agreement allows termination without inquiry.
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
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.
Point of law: Termination of service - termination order that the foundation of the impugned order was alleged misconduct of demanding and accepting bribe of Rs.1,000/-, for which afore-mentioned F.I....
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