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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Gaind Ram Yadav, S/o Sakharam Yadav – Appellant
Versus
State of Chhattisgarh, through Secretary, Law Legislative Department – Respondent
| Table of Content |
|---|
| 1. nature of the legal question regarding employee termination. (Para 1 , 2) |
| 2. background of termination and allegations against the petitioner. (Para 3) |
| 3. arguments from both parties regarding termination validity. (Para 4 , 5 , 6) |
| 4. court's analysis of the termination process and rules breach. (Para 7 , 8) |
| 5. requirement of following due process in termination for misconduct. (Para 9 , 11) |
| 6. significance of adhering to procedural fairness in termination cases. (Para 10 , 12) |
| 7. final order to reinstate the petitioner with limitations. (Para 13 , 14) |
ORDER :
Sanjay K. Agrawal, J.
1. The short question of law involved in the present writ petition is, whether the services of an employee under the Rules Relating to Recruitment and Conditions of Service of Contingency-Paid (District and Sessions Judges Establishment) Employees Rules, 1980 (for short, ‘the Rules of 1980’), can be terminated without conducting a departmental enquiry when an order of termination casts stigma on the employee?
2. The aforesaid question of law arises on the following factual backdrop: -
3. The petitioner was appointed as Watchman on 25-10-2016 in Unreserved (Handicap) category and thereafter, on 29
A termination order casting stigma on an employee necessitates compliance with procedural safeguards under Rule 15, including a departmental enquiry and adherence to principles of natural justice.
Termination of probationer under temporary service rules, though innocuous on face, is punitive if founded on misconduct allegations requiring inquiry and natural justice, notwithstanding withdrawal ....
Termination based on misconduct allegations requires adherence to natural justice principles, including the right to a hearing, even for contract employees.
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