The compelling evidence against an employee can justify termination even if the principles of natural justice are not followed.

JUDGMENT :

1. The instant intra-court appeal preferred under Clause 10 of the Letters Patent is directed against the order/judgment dated 01.09.2020 passed by the learned Single Judge of this Court in W.P.(S) No.7344 of 2019, whereby and whereunder, the order dated 05.09.2019 has been refused to be interfered with by which the services of the writ petitioner working on the post of Block Accounts Manager, Kashmar, Bokaro has been terminated.

2. The brief facts of the lis as per the pleading, which are required to be enumerated, read as hereunder:

The writ petitioner was appointed in pursuance of an advertisement issued by Jharkhand Rural Health Mission as Block Accounts Manager vide letter dated 01.10.2008. He was posted at Primary Health Centre, Gomia block vide letter dated 15.10.2008. The work assigned to the writ petitioner was to provide assistance in execution of accounts related to various health programs running at block level and further for execution of National Rural Health Mission, Ministry of Health and Family Welfare, use of computer and other instruments. The irregularities and illegalities committed by the certain employees in National Health Rural Mission of embezzlement of government money to the tune of Rs. 6,97,43,832.29/-has been surfaced for which an F.I.R. has been instituted against ten persons including the petitioner being Dhanbad P.S. Case No. 15 of 2019 dated 26.08.2019 for the commission of offence under Sections 109/120B/406/409/420/467/471/477(A) of I.P.C. and under section 13(1)(a) of the Prevention of Corruption (Amendment) Act, 2018 and accordingly, the services of the writ petitioner has been terminated.

The writ petitioner, being aggrieved with the order of termination, approached to this Court by filing writ petition being W.P.(S) No. 7344 of 2019 by taking the plea that the order of termination has been passed unilaterally which is in violation of the principles of natural justice and further without waiting for the outcome of the criminal case, the order of termination has been passed.

While, on the other hand, the respondent-State of Jharkhand had appeared and taken the plea that in course of investigation conducted by the Anti-Corruption Bureau regarding the financial irregularity under the National Rural Health Mission in the district of Dhanbad, the culpability of the writ petitioner has detected and therefore, he has been terminated from service being on contract basis as also directed to take action against Shri Ajit Kumar, District Accounts Manager, Shri Pramod Kumar, Block Account Manager, Jodhapokhar, Shri Arun Kumar Singh, Block Account Manager, Primary Health Centre, Bhaghmara and Shri Ramjay Kumar Singh, who were involved in irregularities and misappropriation.

The Writ Court, after appreciating the fact and taking into consideration the nature of appointment of the writ petitioner and the nature of allegation, dismissed the writ petition against which the present intra-court appeal has been filed.

3. Mr. Sumeet Gadodia, learned counsel for the appellant-writ petitioner has submitted that the learned Single Judge has failed to appreciate the fact that even though the services of the writ petitioner was on contract basis but the same ought to have been dispensed with after following the principles of natural justice. But, having not done so, the order of termination is bad in the eye of law.

He has further taken the plea that the sole basis of termination of the services of the writ petitioner is the institution of F.I.R. Further, attention of this Court was drawn with respect to the fact that when the F.I.R. was lodged on 26.08.2019 then how the reference of lodging of F.I.R. could find place in the show cause notice which was issued much earlier on 09.08.2019, as also, ground of not providing reasonable time to defend himself by giving reply to the show cause has been taken since only three days’ time was given to the writ petitioner in the show cause to defend himself.

4. Per