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.

JUDGMENT :

Sanjay Dhar, J.

1) The petitioner has challenged order No. 291 of 2024 dated 12.01.2024 issued by respondent No. 2 whereby the contractual services of the petitioner as Mid-Level Health Provider (hereinafter to be referred to as “MLHP”) under National Health Mission has been terminated with immediate effect.

2) Briefly stated case of the petitioner is that in terms of order No. 10 of 2021 dated 16.04.2021 issued by respondent No. 2, she was engaged as MLHP with her proposed place of posting at HWC-SC Kagrore block Basholi district Kathua. It appears that the petitioner pursuant to the aforesaid order joined her place of posting whereafter she lodged a complaint with Deputy Commissioner, Kathua with regard to lack of infrastructural facilities and non-cooperation of the staff at her place of posting.

3) On 05.07.2021, respondent No. 4 sought an explanation from the petitioner for her absence from duties. On 24.08.2021, respondent No. 4 again sought an explanation from the petitioner for not having attended the monthly meeting that was held in the office of said respondent on 24.08.2021. Thereafter a communication was addressed by respondent No. 4 to the petitioner whereby a final explanation was sought from her regarding her conduct and summary of allegations was incorporated in the said communication. As per these allegations, on 05.07.2021 the petitioner was found to be absent from duty when respondent No. 4 visited her place of posting. It is further alleged in the said communication that when respondent No. 4 visited the place of posting of the petitioner on 12.08.2021 she was again found to be absent from duty w.e.f., 07.08.2021. Another allegation recorded in the said communication is that the petitioner had tampered with attendance register. It has also been alleged that the petitioner has always been irresponsible towards her duties and that she had not responded to the phone calls of respondent No. 4 during covid-19 pandemic.

4) The record shows that another explanation was sought by respondent No. 4 from the petitioner on 31.03.2022 for not attending the meeting on 31.03.2022.

5) It seems that respondent No. 4, in terms of order dated 05.07.2022, constituted a committee of five members to conduct preliminary enquiry in respect of the allegations leveled against the petitioner. The committee recorded the statements of the witnesses and concluded that the petitioner has consistently been absent from work and she has tampered with the attendance register. It was also concluded that behavior of the petitioner has not been appropriate towards her staff members and that she has been careless, irresponsible and negligent towards her duties. The committee also opined that there is no hope of petitioner mending her ways.

6) On 02.08.2022, another show cause notice was issued by respondent No. 4 to the petitioner for not having furnished monthly reports. It seems that the petitioner responded to the show cause notice informing respondent No. 4 that she is not attending her duties regularly because of medical reasons. She also forwarded copies of prescriptions issued by Hindurao Hospital, Delhi.

7) On 30.09.2022, again explanation was sought from the petitioner for not attending the monthly meeting and for not reporting on NCD portal. On 29.11.2022, respondent No. 4 again sought an explanation from the petitioner informing her that on the said date, while she visited her place of posting, the petitioner was found absent from duty w.e.f., 26^th to 29^th of November, 2022. Respondent No. 4 also addressed