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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ANJAN MONI KALITA
Shiva Prasad Sarma, S/o. Dhiren Chandra Sarma – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary – Respondent
| Table of Content |
|---|
| 1. notice of termination issued under disputed performance concerns. (Para 2 , 3 , 4 , 6 , 7) |
| 2. argument about absence of a fair procedure prior to termination. (Para 8 , 9) |
| 3. allegations of negligence cited in show cause notice. (Para 10 , 11 , 12 , 13 , 14) |
| 4. analysis of contractual clauses related to termination. (Para 15 , 16 , 17 , 18) |
| 5. termination considered punitive requires adherence to procedural safeguards. (Para 19 , 20 , 21) |
| 6. court's decision to quash termination and allow continuation in service. (Para 22 , 23 , 24) |
JUDGMENT :
ANJAN MONI KALITA, J.
1. Heard Mr. B. Sarma, the learned counsel for the Petitioner. Also heard Ms. A. Bora, the learned Standing Counsel, NRHM for Respondents.
2. The instant writ petition has been filed assailing the Notice of Termination dated 23.02.2017, issued by the Mission Director, National Health Mission, Assam to the Petitioner invoking Clause-9 of the “Terms of Contract” executed between the Petitioner and the Respondent Authority (District Health Society, HKD).
3. The aforesaid Notice of Termination was issued to the Petitioner wherein it was stated that the Petitioner was issued the show cause notice for not maintaining
Termination of a contractual employee citing indiscipline and negligence without a proper inquiry violates Article 311(2) and the principles of natural justice, rendering the termination invalid.
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.
The court affirmed that natural justice principles apply even in contractual employment but can be flexible; proper opportunity must be given, but not always in the traditional sense.
The contract-based employment does not entitle the employee to the protections of Article 311, thus allowing termination based on performance without a full departmental inquiry.
Punitive action should not be taken against an individual without establishing or proving the allegations made against them through a proper enquiry and affording them a reasonable opportunity to def....
The court emphasized the necessity for fair procedures in administrative actions affecting employment rights, quashing the termination due to violations of natural justice.
The termination of services should be made by the appointing authority, and proper opportunity of hearing must be provided before making a decision with serious implications.
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