JUDGMENT :

Sanjeev Prakash Sharma, J.

1. Both the counsels agreed that the present writ petition may be decided at this stage. Hence, the writ petition was finally heard and the judgment was reserved.

2. Instant writ petition has been filed by the petitioner assailing the order dated 06/10/2020, passed by the State Project Manager (Human Resources), Rajasthan Gramin Aajeevika Vikas Parishad (respondent No. 3) by which the services of the petitioner have been dispensed with and he has been relieved from the post.

3. Brief facts which require to be considered for adjudication of the present case are that the petitioner had applied for the post of State Project Manager, Value Chain and Forward Linkage under the advertisement issued by the T & M Services Consulting Pvt. Ltd. in December, 2019 which mentioned for requiring Manpower on contract basis for providing professional services in Central/State Government Projects of the Rajasthan Gramin Aajeevika Vikas Parishad (for short, 'RGAVP'). Apart from the aforesaid post, other posts were also advertised.

4. The petitioner applied under the said advertisement and was selected for the post of State Project Manager, Value Chain and Forward Linkage after clearing the written examination and interview.

5. The interviews were conducted by the Committee of RGAVP and was offered appointment on 16/07/2020. The petitioner resigned from the post of Chief Executive Officer which he was holding in Jagroti Kisan Producer Co. Ltd. to join with the state Government on a consolidated remuneration of Rs. 70,000/- per month. He was appointed for a period of one year which was to end on 16/07/2021 with the stipulation of extension for five years. After resignation from earlier employer i.e. Jagroti Kisan Producer Co. Ltd., the petitioner joined on 17/07/2020 as State Project Manager, Value Chain and Forward Linkage. Vide another order dated 21/07/2020, the respondent RGAVP affirmed the fact of the petitioner having joined the post. The petitioner was paid salary for the first one and half month on 11/09/2020, however, vide order dated 06/10/2020, he was served with the termination order which contained the conditions mentioned in Rules 3.5 & 3.6 of HR Manual and invoking the same, his services were terminated with immediate effect and was also relieved from the post.

6. The petitioner has challenged the said order in the present writ petition, inter-alia, on the grounds that the same is illegal and arbitrary and has been passed by an officer not having authority to terminate services of the petitioner. It is further submitted that his services could be terminated under the signature of the State Mission Director (SMD) whereas the order has been passed by the State Project Manager (Human Resources), RGAVP

7. Learned counsel for the petitioner further submitted that the order impugned is stigmatic and has been passed in exercise of colourable power and is in violation of principles of natural justice. It cannot be said to be an order simpliciter. Learned counsel further submitted that the petitioner just left his earlier coveted job and his performance cannot be said to be below level within three months of his appointment and the action has been taken arbitrarily and illegally mainly on account of extraneous reasons and considerations. There was no letter served upon the petitioner relating to any complaint of dissatisfaction or even no letter was issued for asking the petitioner to improve his performance. As per the HR Manual, the performance is to be assessed periodically and the feedback was to be provided to the employee. Even in cases where the performance is below level, the probation period is extended by six months so that the person may improve. However, the respondents proceeded to terminate services of the petitioner within a period of three months of his joining. It is submitted that the petitioner