IMPORTANT POINT
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.

JUDGMENT :

(Kaushik Goswami, J.)

Heard Mr. D. Das, learned Senior Counsel assisted by Mr. K. Mohammed, learned counsel for the petitioner/appellant. Also heard Mr. P. Nayak, learned Standing Counsel, Assam State AIDS Control Society, for the respondent No. 2 and Ms. D. Borah, learned Standing Counsel, Health Department for respondent Nos. 1 and 3.

2] This appeal is presented against the Judgment and Order dated 26.04.2024, passed in WP(C) No. 1042 of 2023, by the learned Single Judge whereby the impugned order of termination of service of the petitioner/appellant was upheld.

3] The brief facts of the case are as follows:-

The petitioner/appellant was appointed as Laboratory Technician by the Project Director, Assam State AIDS Control Society (hereinafter called as “the Society”) on 16.09.2005 for a period of 6 months, which was extended from time to time. During the course of engagement, the petitioner/appellant was allowed to work at the Blood Bank attached to the Guwahati Medical College Hospital (GMCH). In connection to an incident occurring in the counter of the aforesaid Blood Bank on 11.01.2023, an FIR was lodged in the jurisdictional Police Station. In connection thereto, the petitioner/appellant was also arrested and thereafter was released on bail. Pursuant to the said incident, the service of the petitioner/appellant was terminated by order dated 13.01.2023. Aggrieved by the aforesaid termination, the petitioner/appellant filed the writ petition which was dismissed by the learned Single Judge by upholding the said termination order. Situated thus, the present appeal has been preferred.

4] Mr. D. Das, learned Senior Counsel submits that the impugned termination order is totally illegal inasmuch as despite the termination being stigmatic in nature, no show cause notice whatsoever had been issued to the petitioner/appellant before issuance of such termination. He further submits that even in the case of contractual employment, it is imperative for the employer to follow the principles of natural justice before termination in the event such termination is stigmatic.

In support of the aforesaid, he relies upon the following decisions:

1) Parshotam Lal Dhingra Vs. Union of India reported in AIR 1958 SC 36.

2) Judgment dated 16.04.2024 of the Hon’ble Supreme Court in SLP(C) No. 8788-8789 of 2023 in Sandeep Kumar Vs. GB Pant Institute of Engineering & Technology Ghurdauri & Others

3) Judgment dated 01.06.2023 of the Gauhati High Court in WP(C) No. 1785 of 2022 in Surajit Barman Vs. State of Assam & 7 Others

4) K. Ragupathi Vs. State of Uttar Pradesh & Others reported in (2022) 6 SCC 346

5] Per contra, Mr. P. Nayak, learned Standing Counsel, Assam State AIDS Control Society for the respondent No. 2 submits that the engagement of the petitioner/appellant being contractual in nature and the terms of engagement having provided specific clause for termination, the impugned termination order is valid and legal and therefore, warrants no interference from this Court. He further submits that the respondent authority had conducted a detailed enquiry after which the services of the petitioner/appellant was terminated and therefore, the impugned judgment and order of the learned Single Judge upholding the termination of the petitioner/appellant warrants no interference from this Appellate Court. In support of the aforesaid submission, he relies upon the following decisions:-

1) Rajasthan State Roadways Transport Corporation Vs. Paramjeet Singh reported in (2019) 6 SCC 250

2) State Bank of India & Others Vs. S.N. Goyal reported in (2008) 8 SCC 92

6] We have given our prudent consideration to the arguments advanced by the learned counsels appearing for the contesting parties and have peruse