RAJANI DUBEY
Devraj Dubey, S/o. Late Shri B. P. Dubey – Appellant
Versus
State of Chhattisgarh, Through its Secretary – Respondent
ORDER :
(Rajani Dubey, J.)
1. Since the issues involved in both the petitions are same, therefore they are being heard together and decided by this common order.
2. By way of the instant petitions, the petitioners are challenging the legality and propriety of the order dated 09.03.2015 (Annexure P/1) issued by Respondent No.2/Director Health Service, Raipur whereby the representations of the petitioners made in pursuance to the order dated 30.10.2014 passed in WPS Nos. 5669/2014 and 5670/2014 has been rejected and also sought quashment of the order dated 14.10.2014 (Annexure P/12) issued by respondent No.3/Chief Medical & Health Officer Raipur whereby the petitioners have been terminated from the post of Multipurpose Health Worker (Male).
3. Brief facts of the cases are that the petitioners are honorably discharged Naik Nursing Assistants from the Army Medical Corps of the Indian Army on 01/08/2008. The petitioners were appointed as Multipurpose Health Worker (Male) in ex-servicemen quota, [now referred as MPW (M)] on 24/09/2008 by respondents No. 1, 2 and 3 and subsequently confirmed on the said post upon completion of probation period on 08/11/2011. However, during the course of th
Confirmed employees cannot be terminated without due process and a proper inquiry, as mandated by the Chhattisgarh Civil Services Rules and Article 311 of the Constitution.
Termination of a temporary employee must comply with principles of natural justice and authority jurisdiction; failure to do so makes the termination invalid.
Point of Law : Rule 7 of the Rules 1999 provides detailed procedure for imposing major punishment in case of confirmed employees, and if that is allowed to be given a go by that would frustrate the v....
Termination orders must be communicated to be effective; failure to do so renders them invalid, affirming the statutory rights of employees to their positions and benefits.
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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