JUDGMENT

Chandra Dhari Singh, J. (Oral)--The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

"a). Quash and set aside the impugned notice bearing no. F. NO. P-24029/300/2022-IPR-VII dated 28.06.2023 for being illegal and arbitrary, thereby violating Article 14 of the Constitution of India and

b) pass direction directing the respondent not to take any coercive measure against the petitioner in pursuance of impugned Notice dated 28.06.2023.

c. To pass any other appropriate order(s) or direction(s) in favour of the Petitioner which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, in the interest of justice."

2. Learned counsel appearing on behalf of the petitioner submitted that he was working on a contractual basis and his services were terminated without giving show cause notice or without providing any liberty to the petitioner to present his case before the competent authority. He submitted that the petitioner was not given due opportunity to present his case which violates the Article 14 of the Constitution of India and the principle of natural justice.

3. It is submitted that vide impugned notice dated 28th June, 2023, the concerned authority did not follow the procedure prescribed under the law and hence, the impugned notice dated 28th June, 2023 is liable to be set aside.

4. Per contra, learned counsel for the respondent vehemently opposed the submissions advanced on behalf of the petitioner and the contents made in the petition.

5. It is submitted that vide impugned notice dated 28th June, 2023, the petitioner was put on the notice period for 15 days and the impugned Notice was merely a notice to the petitioner and not an impugned final order for his termination.

6. It is submitted that in pursuance to the notice dated 28th June, 2023, the petitioner also submitted his reply and therefore, it is wrong to say that the petitioner has not been provided an opportunity to present his case before the concerned authority.

7. It is also submitted that after due consideration of the reply given by the petitioner, the competent authority passed an impugned final order dated 18th July, 2023 and the same is not under challenge in the instant petition.

8. Learned counsel for the respondent also placed the final order dated 18th July, 2023 passed by the competent authority which has been taken on record. He also relied upon paragraph 6 of the final order and submitted that the competent authority passed the final order after considering the reply of the petitioner.

9. Heard learned counsel appearing on behalf of the parties and perused the record.

10. It is an admitted fact that in the impugned notice dated 28th June, 2023, the petitioner was put under the notice period for 15 days from the date of issuance of Notice of Termination. The relevant paragraph from the said notice is reproduced herein:

"2. It has been observed that the dedication and commitment offered by Mr. Mathur for performing task assigned to him is not satisfactory. IN view of this with the approval of competent authority in the Department and in light of the Point (xii) of the term and conditions of the aforesaid appointment order, Mr. Mathur is hereby put under the notice period of 15 days (from the date of issue of this Notice) for termination of his contract with the Department."

11. The Point (ix) of the Terms and Conditions of Employment dated 22nd May 2023 specifically enumerated that the employee has to maintain highest standards of integrity, transparency, competitiveness, economy and efficiency while working as a consultant. The relevant portion of terms and conditions is as follows:

"ix. He will maintain highest standards of integrity, transparency, competitiveness, economy and efficiency while working as consultant in this Department. If required, he will cooperate fully with any legitimately provided/constituted investigati