Contractual employee terminations deemed stigmatic require compliance with natural justice, including issuing a show cause notice before termination.

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 present writ petitioners, who were engaged under the department on contractual basis. The facts and circumstances involved in WP(C) No.4061/2023, are referred to herein below for the purpose of addressing the legal issues involved in all these writ petitions.

3. The writ petitioner in WP(C) No.4061/2023 was engaged as an Accountant-cum-Computer Operator Gelabil Gaon Panchayat of Golaghat South Development Block vide engagement letter dated 29.12.2014. His appointment was on contractual basis for a period of 6 (six) months. However, after the expiry of the period of six months the petitioner continued in service thus, signaling an automatic renewal of the contract beyond six months. On 02.01.2016 the petitioner had entered into another contractual engagement for a further period of six months. In between, the petitioner had been transferred from one place to another. However, while serving as Gaon panchayat Coordinator under the Tulshibori Gaon Panchayat, some dissatisfied persons of the Gaon Panchayat had lodged a complaint before the Chief Judicial Magistrate, Morigaon alleging that the petitioner had indulged in malpractices by forging job cards and using the name of different persons for withdrawing money and misappropriating the same. Based on such complaint, Bhelowguri P.S. Case No.29/2023 was registered under Sections 120-B/420/409/468/34 of the IPC. The petitioner was arrested on 12.05.2023 but was subsequently released on bail on 12.06.2023. After his release on bail, the Commissioner, Panchayat & Rural Development Department, Assam issued the impugned order dated 28.06.2023 terminating the contractual engagement of the petitioner.

4. In the order of termination, it has been clearly mentioned that the arrest and subsequent police custody of the petitioner had become embarrassing to his employer. Accordingly, his services were terminated. However, the order of termination dated 28.06.2023 was admittedly not preceded by any show cause notice. Aggrieved thereby, the petitioner is before this Court inter-alia contending the order of termination from service is stigmatic in nature and therefore, the same ought to be preceded by a show cause notice. To drive home the above contention, the learned counsel for the petitioners have heavily relied upon the decision of this Court rendered in the case