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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Himani Sharma – Appellant
Versus
U T of J&K – Respondent
| Table of Content |
|---|
| 1. petitioner challenged termination order. (Para 1) |
| 2. background of petitioner’s performance issues. (Para 2 , 3 , 4 , 5 , 6 , 7 , 9) |
| 3. multiple inquiries conducted; performance reviewed. (Para 10 , 11 , 12) |
| 4. petitioner claims right to a formal hearing. (Para 14 , 15 , 19) |
| 5. court's evaluation of the necessity of inquiry. (Para 16 , 18 , 20 , 22 , 23 , 25) |
| 6. final decision on termination case. (Para 27 , 28 , 29) |
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 n
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.
Termination of contractual employment must adhere to principles of fairness and non-arbitrariness, ensuring equal treatment under Articles 14 and 16 of the Constitution.
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.
Contractual employees can be terminated based on proven misbehavior/poor performance, and the nature of engagement determines the applicability of principles 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.
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 court emphasized the necessity for fair procedures in administrative actions affecting employment rights, quashing the termination due to violations of natural justice.
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