Hiren Parbatsinh Chauhan – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(1.) RULE returnable forthwith. Mr.Kurven Desai learned AGP waives service of notice of Rule on behalf of the respondent Nos.1 to 3, Mr.H.S.Munshaw learned advocate waives service of notice of Rule on behalf of the respondent No.4. Though served, nobody appears for respondent nos.3 and 5.
(2.) Challenge in this petition is to be order dated 29.05.2021 passed by the respondent no.4.
(3.) Mr.Shalin Mehta learned Senior Advocate appearing with Ms.Aditi Raol would submit that the issue is covered by the decision rendered in case of State of Gujarat v. Chetan Jayantilal Rajgor decided on 24.07.2020 in Letters Patent Appeal No.1596 of 2019.
(4.) Mr.H.S.Munshaw learned counsel appearing for respondent no.4 submits that based on a report and irregularities, the authorities decided to terminate his services on 29.05.2021 and relieved the petitioner from the post of Technical Assistant w.e.f. 31.05.2021 through order dated 29.05.2021. Since the contract was already over non-extension would not involve termination being stigmatic.
(5.) Having heard learned counsel for the respective parties, what is evident is that petitioner was appointed on contract basis which appointment was made on
The main legal point established is that the termination of a contractual employee based on allegations of misconduct requires a full-scale departmental inquiry, as per the 1971 Gujarat Civil Service....
The main legal point established is the requirement of a full-fledged departmental inquiry before terminating an employee, particularly in cases where the termination order casts stigma.
Pont of Law: whenever charges are levelled when the action is found to be stigmatic, full-scale departmental inquiry deserves to be undertaken against a contractual employee on fixed salary.
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