Temporary employment can be terminated without formal proceedings if misconduct is established and the employee is given an opportunity to be heard.

JUDGMENT :

(Muralee Krishna, J.)

The appellant is the petitioner in W.P.(C)No.394 of 2025 filed under Article 226 of the Constitution of India seeking the following reliefs:

“(i) Issue a writ of certiorari or any other appropriate writ, order or direction to quash Exts.P17 minutes and P19 termination order issued by the respondents.

(ii) Declare that Exts.P17 minutes and P19 termination order are arbitrary, illegal, unconstitutional and opposed to the principles of natural justice.

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to reinstate the petitioner as a Technical Assistant in Aralam Grama Panchayat forthwith till 31.01.2025 and direct the respondents to execute an agreement for the period 31.01.2024 to 31.01.2025.

(iv) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to release the petitioner’s withheld salary for the periods 08.04.2024 to 11.07.2024, 31.08.2024 to 30.09.2024 and 01.10.2024 to date along with the interest of 12% per annum.

(v) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to extend the petitioner’s service for the period of 2025-26 from 31.01.2025 onwards and to direct the respondents to execute necessary agreement for the extended tenure.”

2. The appellant was appointed as Technical Assistant on a contractual basis at the 1^st respondent Grama Panchayat as per Ext.P2 appointment order dated 18.08.2016 issued on the strength of Ext.P1 Government Order dated 27.06.2012. Her service was extended from time to time and the last such extension was up to 30.01.2025. Alleging misbehaviour with the 2^nd respondent President of the Panchayat, as per Ext.P6 order dated 08.04.2024 the appellant was suspended from service by the 3^rd respondent Secretary of the Panchayat. The appellant then filed Ext.P7 complaint dated 09.04.2024 before the Internal Complaint Committee alleging misbehaviour and sexual harassment by the 2^nd respondent. As per Ext.P8 decision dated 08.05.2024 the Panchayat took a decision to permit the appellant to continue in service, on condition that she has to give an undertaking in writing that she will not repeat such incidents and will withdraw the complaint filed against the 2^nd respondent. To this decision, the appellant submitted Ext.P9 reply dated 16.05.2024. Challenging the legality of her suspension the appellant filed W.P.(C)No.23048 of 2024 before this Court and as per Ext.P10 judgment dated 03.07.2024 the writ petition was disposed of by the learned Single Judge directing the State to constitute an Appraisal Committee for the 1^st respondent Panchayat and the Committee to be constituted was directed to take a decision within three weeks from the date of constitution. The appellant was allowed to continue in the post till such a decision was taken by the Committee.

2.1. An Appraisal Committee was accordingly constituted by the Government and as per Ext.P11 minutes of the meeting held on 13.08.2024 the Committee has decided to terminate the service of the appellant. On the basis of Ext.P11, the 3^rd respondent issued Ext.P12 termination letter dated 30.08.2024 to the appellant. Again the appellant approached this Court by filing W.P.(C)No.31551 of 2024 challenging Exts.P11 and P12 and as per Ext.P13 judgment dated 06.11.2024 the learned Single Judge set aside Ext.P11 decision of the Appraisal Committee as well as the consequent Ext.P12 order of the 3^rd respondent, finding that while taking the decision the Appraisal Committee has not given the appellant an opportunity of being heard. The learned Single Judge directed the Appraisal committee to pass a fresh order in accordance with law as directed in Ext.P10 judgment within a period of three weeks from the date of receipt of a copy of the judgment. The disciplinary proceedings initiated