Contractual employees can be terminated based on proven misbehavior/poor performance, and the nature of engagement determines the applicability of principles of natural justice.

JUDGMENT :

1. The petitioner has challenged order No.64/ADPC/Ang of 2019 dated 07.12.2019 read with communication No.RD/MGNREGA/114/ 2019 dated 03.12.2019, whereby his engagement as Gram Rozgar Sahayak has been terminated.

2. Briefly stated, case of the petitioner is that in terms of order No.44/ACDA of 2014 dated 26.06.2014, he was engaged as a Gram Rozgar Sahayak for a period of one year for Panchayat Halqa Paibugh. In terms of order bearing No.KB 30708 dated 16.05.2018, issued by respondent No.5, the petitioner was assigned the additional charge of Halqa Aakura.

3. It appears that a news item was published in the newspaper “Daily Greater Kashmir” on 14th May 2019, wherein it was reported that brazen irregularities and fake MGNREGA job card scam had taken place in district Anantnag, particularly in Halqa Aakura of Block Khoveripora. After the publication of aforesaid news item, respondent No.2 issued Order No.24 ACDA of 2019 dated 25th of May 2019, whereby the petitioner as also incharge Block Development Officer, Khoveripora and Panchayat Secretary Halqa Aakura, were, directed to report in the office of respondent No.2. On 04,06.2019, responded No.4 issued a show cause notice to the petitioner calling upon him to submit his written response within seven days as to why his services be not terminated. According to the petitioner, he responded to the show cause notice with a detailed reply, wherein he denied all the allegations levelled against him in the show cause notice. It has been contended that without adhering to the principles of natural justice and without considering the reply furnished by the petitioner, his services were terminated in terms of impugned order dated 07.12.2019.

4. The petitioner has challenged the impugned order of termination on the grounds that once he had denied the allegations levelled against him in the show cause notice, the respondents could not have terminated his services without holding a detailed enquiry in the matter. It has been submitted that the impugned order has been passed by the respondents in violation of principles of natural justice and that the petitioner has not been given a fair hearing. It has been contended that all the allegations levelled against him in the show cause notice were specifically replied and responded to by the petitioner and in this regard, he has also placed on record copies of the documents to substantiate his contention. It has been further submitted that the petitioner has not been provided copy of the report of the Committee so as to enable him to submit his response. According to the petitioner, with the issuance of impugned order of termination, he has been visited with civil consequences without being heard in the matter.

5. The writ petition has been contested by the respondents by filing objections thereto. In their response, the responders have submitted that upon publication of news item in daily “Greater Kashmir” on 14thMay 2019, wherein brazen irregularities and issuance of fake MGNREGA job cards were reported, a Committee of Officers was constituted by the respondents to enquire into these allegations. It has been submitted that the said Committee found certain deviations/discrepancies/irregularities and it was established that the job cards have been issued in violation of rules and norms of the scheme. On the basis of the preliminary enquiry report, Incharge Bock Development Officer, Khoveripora, Panchayat Secretary, Aakura, and Gram Rozgar Sahayak i.e., the petitioner herein, were attached with the Director, Rural Development Department, Kashmir, in terms of order dated 23.05.2019. It has been further contended that the Committee submitted its final report and on the basis of the recommendations of the Committee, the impugned order of termination of the petitioner was issued. It has been contended that as per condition No.5 of the letter of