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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SUMAN SHYAM
Partha Pratim Saikia S/o Shri Sarat Chandra Saikia – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SUMAN SHYAM, J.
1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. R.M. Deka, Mr. M.J. Quadir, Mr. A.K. Baruah and Mr. T. Gogoi, learned counsel appearing for the writ petitioners in this batch of writ petitions. Also heard Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department, Assam representing the official respondents. Mr. A. Chakraborty, learned Government Advocate, Assam has appeared on behalf of the State.
2. The question of law involved in this batch of writ petitions is one and the same, which is “Can the service of a contractual employee be terminated without issuing a show cause notice when the order of termination is ex-facie stigmatic?” The above issue, pertaining to contractual employees of the Panchayat & Rural Development Department, had been gone into in great details in the case of Ali Ahmed Barbhuiya vs. State of Assam and others [WP (C) No. 2977/2023] whereby, it was held by this Court that such a course of action would be impermissible in the eyes of law. Notwithstanding the same, it appears that the departmental authorities have once again adopted a similar approach for terminating the services of the presen
Contractual employee terminations deemed stigmatic require compliance with natural justice, including issuing a show cause notice before termination.
Termination orders based on misconduct must adhere to natural justice principles, ensuring employees have a fair opportunity to defend themselves.
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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