The obligation to hold an enquiry before imposition of major punishment and the principles of natural justice must be adhered to in cases of termination of service.

ORDER :

1. The petitioner has preferred the present writ petition praying for the following reliefs:-

10.1 This Hon'ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside the order dated 17 10 2014 (Annexure P/1).

10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ directing respondent-authorities to reinstate the petitioner on the post of District Programme Manager with all consequential benefits.

10.3 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case.

2. Brief facts of the case are that the Central Government had started a National Health Programme under the name of National Rural Health Mission which has been run by the National Health Systems Resource Center, New Delhi, for the various States and different districts under the said Mission. It was in pursuance of the recruitment for the various posts under the said Mission that an advertisement was issued inviting applications for appointment to the various posts including the post of District Programme Manager. The petitioner pursuant to the said advertisement submitted his candidature and after due consideration by appointing authority, the petitioner was appointed on the post of District Programme Manager vide order dated 6.2.2009 and was posted at Dantewada for a period of two years. The said appointment was purely a contractual appointment and was governed by the existing rules as were framed by the Mission Director, State of Chhattisgarh. Copy of the rules framed by the Mission Director in the year 2011 is also annexed as Annexure P/3. The said rules prescribe the mode of appointment, qualification and eligibility for appointment, service conditions and punishment etc. The said Rules clearly by reference incorporated the conditions as are prescribed under the Chhattisgarh Civil Services (Contract Appointment) Rules, 2004. The petitioner discharged his services on the said post without any complaint and to the best of his capability in satisfaction of one and all. It was, therefore, that for consideration of his confidential report (C.R.), the contract period was enhanced and the petitioner continued to work on the post of District Programme Manager, Dantewada. It is pertinent to mention that appointments are made at the State Level as well as at the Divisional Level. At the Divisional Level, the appointment is to be made by the Secretary, who is the District Medical and Health Officer. The selection is to be carried out by the Selection Committee and it is pursuant to the recommendation of the Collector that the appointments are being made. It is in this connection that appointments to the post of Assistant Grade-III and to that of Data Entry Operator (contract basis) were to be made under the said Mission. Vide letter dated 06.01.2014, the Deputy Collector directed the Chief Medical and Health Officer to issue appointment orders for 7 eligible candidates whose names were being forwarded vide the said letter. In the said letter, it was clarified as against the reserved post of Scheduled Caste and Scheduled Tribe, no candidate was selected. Pursuant to the said letter, the appointment order for four candidates were issued vide order dated 20.01.2014. It was thereafter that vide letter dated 01.02.2014 issued from the Office of Deputy Collector addressed to Chief Medical and Health Officer, it was directed that against the left over vacancies, three candidates (two from Scheduled Tribes and one from Scheduled Caste) were proposed vide the said letter. This letter, in fact, was a forged document because vide the previous letter dated 6.1.2014, it was clarified that against the posts reserved for the SC and ST, no candidates were selected. Unfortunately, without proper examination of the matter, the Chief Medical and Health Officer issued the appointment order for the said three candidates vide his order dated 06.02.2014, as such show cause notice was issued t