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2021 Supreme(Jhk) 910

IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Gautam Kumar - Appellant
Versus
Jharkhand State Food & Civil Supplies Corporation Ltd - Respondent
W.P. (S) No. 2389 of 2020
Decided On : 24-06-2021

Advocates Appeared:
Rahul Kumar, Ashok Kumar Singh.

Headnote:

Employment and Service matter - Post of Computer Operator - Terminated from services – Letter – Quash of – Show-cause notice - Seeking direction upon respondents to regularize his services to post of Computer Operator i.e. post on which petitioner was serving on date of termination of his services and to pay all consequential benefits - Held, If there is no show-cause notice and no inquiry has been conducted and no opportunity of being heard has been given to petitioner, what are the complaints and what are allegations was even not known to the petitioner, otherwise, petitioner would have given reply of all the allegations - Remit matter back to the respondents to take a fresh decision in accordance with law following their own rules and guidelines as given in the offer of appointment - Writ petition allowed.

JUDGMENT :

S.N. Pathak, J.

In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing and heard at length. Concerned lawyers have no objection with regard to the proceeding which has been held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter is being disposed of finally.

2. Petitioner has approached this Court with a prayer for quashing of Letter No. 561, dated 16.05.2019, issued by the Managing Director, Jharkhand State Food & Civil Corporation Ltd., Ranchi whereby and whereunder he has been terminated from the services on administrative grounds without assigning any reason. Petitioner has further prayed for a direction upon the respondents to regularize his services to the post of Computer Operator i.e. the post on which petitioner was serving on the date of termination of his services and to pay all consequential benefits.

3. Heard learned counsel for the parties.

4. Facts of the case in brief as has been delineated in the writ petition is that in the year 2013, an advertisement was published by the Jharkhand State Food & Civil Supplies Corporation Ltd. for engagement of ten Computer Operators and Ten Accountants for ten different district offices and one Accountant for its Headquarter on contract basis against the vacant and sanctioned posts on the basis of walk-in-interview, after following roster policy of the State Government. Petitioner also applied for his appointment to the post of Computer Operator. After being found successful in interview, offer of appointment vide letter no. 012/632, dated 23.08.2013 was issued to the petitioner and appointment of the petitioner commenced from 05.09.2013. Clause-(vii) of the said offer of appointment stipulates that appointment of a candidate could be terminated at the discretion of the Corporation/ Managing Director on one month's notice at any stage. After his appointment, petitioner was posted at JSFC Headquarters, Ranchi vide office order issued vide Memo No. 778, dated 07.09.2013. Subsequently, pursuant to the memo no. 929, dated 16.11.2018, petitioner was relieved from the Headquarter in order to enable him to join in the office of District Manager, JSFC, Ranchi. Petitioner was assigned various important works. However, pursuant to issuance of memo no. 561, dated 16.05.2019, merely by two line cryptic order, services of the petitioner was terminated with immediate effect. Thereafter, petitioner filed representation before the respondents to reconsider his case but to no effect. Being aggrieved, petitioner has knocked door of this Court.

5. Mr. Rahul Kumar learned counsel appearing for the petitioner throwing challenge to the impugned order submits that the impugned order dated 16.05.2019 is not tenable in the eyes of law on the ground that even if appointment of the petitioner is on contract basis as per their own offer of appointment, petitioner is entitled for one month's notice or deposit of equivalent sum of remuneration before putting the services to an end. Learned counsel further argues that similarly situated persons who were appointed along with petitioner, are still on the roll of the Corporation and no order has been passed in their cases. Learned counsel strenuously urges that nothing has been brought on record and no whisper is there in the impugned order as to what is the reason for terminating the petitioner and as such impugned order is fit to be quashed and set aside on the ground that when services of an employees, though on contract basis, is put to an end, he is entitled for at least show-cause notice. However, without following principles of natural justice and without following procedures, his services has been put to an end.

Learned counsel submits that petitioner was a sincere employee and was discharging his duties diligently and there was no complaint against him from any quarter. Learned counsel places heavy reliance on the Const

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