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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUMAN SHYAM
Shayed Masud Mazumder, S/o Samsuddin Mazumder – Appellant
Versus
State Of Assam – Respondent
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 petit
Termination orders based on misconduct must adhere to natural justice principles, ensuring employees have a fair opportunity to defend themselves.
Contractual employee terminations deemed stigmatic require compliance with natural justice, including issuing a show cause notice before termination.
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
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