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NELSON SAILO
Sahibur Rahman S/O- Nasir Uddin – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. S.K. Talukdar, learned counsel for the petitioner and Mr. S Dutta, learned Standing Counsel, P&RD Department appearing for all the respondents. This writ petition is directed against the Office Order dated 01.10.2021 (Annexure-4), terminating the contract engagement of the petitioner with immediate effect.
[2.] Be it stated herein that the petitioner was engaged as Gram Rojgar Shahyak (GRS) on contract basis vide engagement Order dated 01.07.2009 up to 22.02.2010 (Annexure-1). The engagement of the petitioner continued from time to time until he was terminated by the aforesaid impugned Office Order dated 01.10.2021.
[3.] The case projected by the petitioner is that the impugned order is punitive in nature and that adequate opportunity was not afforded to him prior to passing the same since the very basis of the issuing show-cause notice is the enquiry report submitted by the Chief Executive Officer (CEO), Hojai which had not been served to him. Therefore, he was not in a position to make an effective reply to the show-cause notice. According to the petitioner, he was not the sole authority responsible for the preparation of the Muster Roll and in fact, as per the
Contractual employees must be afforded principles of natural justice, including access to enquiry reports, before termination.
The main legal point established in the judgment is that the principle of natural justice should be applied based on the nature of the inquiry and the opportunity of hearing provided, and that admiss....
Contractual employees can be terminated based on proven misbehavior/poor performance, and the nature of engagement determines the applicability of principles of natural justice.
The contract-based employment does not entitle the employee to the protections of Article 311, thus allowing termination based on performance without a full departmental inquiry.
The termination of services should be made by the appointing authority, and proper opportunity of hearing must be provided before making a decision with serious implications.
The court ruled that a contracted employee's termination for misconduct does not require a departmental inquiry under civil service rules if reasonable opportunity is provided, affirming the validity....
Judicial review cannot extend to altering the terms of a contract post-expiry, and the principles of natural justice were upheld in the termination process.
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