IMPORTANT POINT
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 contractual employment.

ORDER :

Invoking jurisdiction of this Court under Article 226 of the Constitution of India and impugning legality, validity and correctness of the order dated 01.05.2019 issued by the respondent No.3-Managing Director, whereby the petitioner has sought for the following reliefs:

“10.1 It is prayed that this Hon’ble Court may kindly be pleased to issue appropriate writ order or direction for quashing of the termination order (if any) passed against the petitioner.

10.2 That, this Hon’ble Court may kindly direct the respondent No.3 Managing Director CGMSC Ltd. To regularize the services of the petitioner on the post of “Executive Engineer.

10.3 Any other relief/reliefs, which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.

10.4 That, this Hon’ble Court may kindly be pleased to issue writ, order or direction for quashing of the termination order dated 01.05.2019 (Annexure P/18) passed by the respondent.

2. Facts of the case in brief, are that the respondent had issued an advertisement (Annexure P/4) for appointment of Executive Engineer and as per the terms and conditions in Clause 3 & 4 of the advertisement, the appointment would be made under the Chhattisgarh Civil Services (Contractual Recruitment) Rules 2012 for a period of 3 years and after completion of 5 years of service, after evaluation, their services would be regularized. Accordingly, the petitioner was duly appointed on 01.10.2013 on the post of Executive Engineer for a period of three years on contract basis. Thereafter the services of the petitioner was extended from time to time and on satisfactory performance, the service of the petitioner was extended vide order dated 20.09.2018 (Annexure P/7) by the respondent. He submits that the respondent arbitrarily did not regularize the service of the petitioner despite of the communication by the department itself (Annexure P/8 and P/9). The petitioner therefore, made a representation vide Annexure P/10. However, vide order dated 18.02.2019, the service of the petitioner was transferred from the office of CGMSC Ltd. Construction, Division Bastar to CGMSC Ltd. Construction-Division Raipur and he was also directed to take additional charge of Executive Engineer CGMSC Ltd. Construction-Division Bastar. Thereafter within a period of 4-5 days of joining at Raipur, on a complaint made by M/s. Shankara Enterprises, Office at Darri Para Road, Kawardha, District Kabirdham before the Health Minister, State of CG vide Annexure P/13, he has been terminated from service.

3. Learned Senior counsel for the petitioner has challenged the order of termination dated 01.05.2019 (Annexure P/19) whereby the petitioner has been terminated from the service by giving one month salary, with immediate effect. It appears that because of certain allegations, he was discontinued from service. It is submitted that the service of the petitioner has been terminated without issuance of a show cause notice, without affording opportunity of hearing and without holding a departmental enquiry under the law. He submits that if any complaint is made against the petitioner the same is subject of enquiry and in the present case, no such enquiry has been conducted by the respondents. Note sheets of the department dated 01.05.2019 (Annexure P/19) categorically shows that charges were levelled against the petitioner. The respondent failed to give any heed to the petitioner’s reply submitted on the complaint made by M/s. Shankara Enterprises.

4. The grievance of the petitioner is that the petitioner was appointed on contractual basis vide order dated 1.10.2013 (Annexure P/6) and that the petitioner has a right for claiming regularization therefore his claim may be considered. He submits that the claim of the petitioner is based upon clause 3 of the advertisement which envisages that on completion of 5 years of contractual service, if the services are found to be satisfactory, the Corporation may consider the