Termination orders based on misconduct must adhere to natural justice principles, ensuring employees have a fair opportunity to defend themselves.

JUDGMENT :

SUMAN SHYAM, J.

Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. R. M. Deka, learned counsel appearing for the writ petitioner(s) in WP(C) Nos.4707/2023, 4709/2023, 4720/2023, 4758/2023 and 4759/2023. I have also heard Mr. K. Mira, learned counsel for the writ petitioner(s) in WP(C) Nos.1093/2024 and 1091/2024. Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department, Assam as well as Ms. A. Talukdar, learned Government Advocate, Assam have appeared for the official respondents.

2. Common questions of law and facts are involved in all these writ petitions. As such, with the consent of learned counsel for both the sides, all the writ petitions are being taken up for disposal, at the stage of admission hearing, by this common judgment and order.

3. The writ petitioners in all these writ petitions were initially appointed on contractual basis on different dates as Accredited Engineer/Accountant-cum- Computer Assistant/Gram Sahayak/Computer Assistant/Accounts Assistant etc. under the respondent authorities. Their periods of appointment were limited by the time mentioned in the respective contract agreements. However, as per the writ petitioners, even after the expiry of the contractual period, they were allowed to continue until the termination of their services by the respective orders of termination. The basic grievance of the writ petitioners, in all the 7 writ petitions are to the effect that their contractual services have been terminated by the respondent authorities by issuing stigmatic orders of termination without holding any proper enquiry for the purpose of establishing the charges of misconduct brought against the writ petitioners or giving them any opportunity to defend their interests in the matter. According to the writ petitioners, the impugned orders of termination have been issued in utter violation of the principles of natural justice and administrative fair play. For the purpose of disposal of these writ petitions, the facts involved in WP(C) No.1093/2024 are briefly referred to herein below.

4. The writ petitioner in WP(C) No.1093/2024 was engaged as an Accredited Engineer on 02.03.2019 vide appointment order issued by the Commissioner to the Government of Assam, Panchayat & Rural Development Department, Assam i.e. the respondent No.2 herein, whereafter, he had reported for duty under the Sribar Gaon Panchayat under the Lakhipur Development Block of Cachar District. On 05.03.2019 a contract agreement of service was entered into by and in between the writ petitioner and the authorized representative of Panchayat & Rural Development Department, Government of Assam, which in this case, was the Chief Executive Officer, Cachar Zilla Parishad and the Project Director, DRDA, Cachar. As per clause- 3 of the contract agreement dated 05.03.2019, the duration of the contractual employment of the writ petitioner was for a maximum period of 364 days. As per clause-3, the service of the employee would stand automatically terminated on the expiry of the contract period without any further notice from the employer. While the writ petitioner was discharging his duties as an Accredited Engineer, a show-cause notice dated 17.06.2022 (Annexure-9) was served upon him calling upon the writ petitioner to show cause as to why, his services should not be terminated as per the terms and conditions of the contract. Considering the nature of controversy involved in this writ petition, reference to the