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2023 Supreme(Jhk) 920

IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Harendra Kumar - Petitioner
Versus
The State of Jharkhand and Ors. - Respondents
W.P. (S) No. 1842 of 2019 With W.P.(S) No. 1007 of 2019 With W.P.(S) No. 1845 of 2019
Decided On : 10-11-2023

Advocates Appeared:
For the Petitioner: Mr. L.V. N. Shahdeo, Mr. Manoj Kumar Choubey.
For the Respondents: Mr. Manish kumar, Mr. R.K. Jha, Ms. Vandana Singh, Mr. Sandeep Verma.

The main legal point established in the judgment is that confirmed employees cannot be terminated abruptly and arbitrarily without following the procedure of law, and the principles of natural justice must be adhered to in cases of termination of services.

Headnote:

Termination of Services - Natural Justice - Assured Career Progression Scheme - [GRAM SEVIKA] - [DWCRA Scheme, Article 14 of the Constitution, Principles of Natural Justice] - The court considered the termination of services of the petitioners under the DWCRA Scheme and the benefits of the Assured Career Progression Scheme. It found that the termination was done without following the cardinal principles of natural justice and initiating a full-fledged departmental enquiry, which was not tenable in the eyes of the law. The court also highlighted the principles of natural justice and the security of tenure of services for confirmed employees, emphasizing that confirmed employees cannot be terminated abruptly and arbitrarily without following the procedure of law.

Fact of the Case:

The petitioners, appointed as Gram Sevika, had their services terminated without following the cardinal principles of natural justice and without initiating a full-fledged departmental enquiry, despite having confirmed services and receiving benefits under the Assured Career Progression Scheme.

Finding of the Court:

The court found that the termination of the petitioners' services was done without following the cardinal principles of natural justice and initiating a full-fledged departmental enquiry, which was not tenable in the eyes of the law. It emphasized the security of tenure of services for confirmed employees and highlighted the principles of natural justice.

Issues: The issues involved in the case included the termination of services under the DWCRA Scheme, the benefits of the Assured Career Progression Scheme, and the application of the principles of natural justice.

Ratio Decidendi: The court's decision was based on the principles of natural justice and the security of tenure of services for confirmed employees, emphasizing that confirmed employees cannot be terminated abruptly and arbitrarily without following the procedure of law.

Final Decision: The court quashed and set aside the impugned orders of termination and directed the respondents to reconsider the cases of the petitioners and allow them to continue in their services with all consequential benefits till they attain the age of superannuation.

JUDGMENT :

The issues involved in all these writ petitions are same, similar and identical and as such they have been tagged and heard together on various dates and are being disposed of by this common order.

Prayers made in writ petitions:

2. In W.P.(S). No. 1842 of 2019 petitioner has prayed for quashing the order dated 19.03.2019, as contained in memo No. 245, issued by respondent No. 5, by which show-cause notice has been issued to the petitioner. Petitioner has further prayed for quashing the letter dated 12.04.2019, issued by respondent No. 4 by which the petitioner has been terminated from service with immediate effect.

3. In W.P.(S). No. 1007 of 2019, prayer has been made for quashing the letter bearing memo No. 554, dated 04.02.2019, issued by respondent No. 2 and the consequential letter bearing memo No. 182/Vi, dt. 16.02.2019, issued by respondent No. 4, whereby the petitioner has been issued show-cause and in the same letter, it has been directed to the respondent No. 4 by respondent No. 2 to terminate the petitioners from services, within a period of 15 days from the date of receipt of letter dated 04.02.2019. Further prayer has been made for quashing the letter dated 02.04.2019, issued by respondent No. 5, whereby the petitioners have been relieved from services w.e.f. 02.04.2019.

4. In W.P.(S). No. 1845 of 2019, petitioners have prayed for quashing the order dated 09.03.2019, as contained in memo No. 134, issued by respondent No. 4, by which a show-cause notice has been issued to the petitioners and further prayer has been made for quashing the order contained in memo No. 277/Astha. Dated 24.07.2019, issued by respondent No. 4, by which petitioners have been terminated from services with immediate effect.

FACTS OF THE CASE:

5. On 08.01.1989, an advertisement was floated by the respondents for appointment of Gram Sevika. The petitioners having the requisite qualifications, applied for the same. Thereafter, following the due procedure of law, the petitioners were appointed against the vacant and sanctioned post of Gram Sevika on different dates and subsequently, their services also got confirmed. Since the date of their appointment the petitioners were discharging their duties to the full satisfaction of the respondent-authorities and no complaint whatsoever was made against them, meaning thereby that the petitioners have clean service record. However, all of a sudden vide letter dated 18.03.2019 (in W.P.S. No. 1842/19); vide letter dated 04.02.2019 and consequential letter dated 16.02.2019 (in W.P.S. No. 1007 of 2019); & letter dated 09.03.2019 (in W.P.S. No. 1845/19), show-cause notices were issued to the respective petitioners seeking their reply as to why not their services be terminated. In compliance of the said show-cause notices, the petitioners submitted their reply. It is the case of the petitioners that they served the department for more than 20-30 years and also received the benefits of ACP/MACP, treating the petitioners as regular employees. Altogether 52 persons were appointed on the post of Gram Sevika but in the same transaction but the impugned show-cause notice have been issued against the petitioners only, which shows that the respondents have adopted pick and choose method. Thereafter, being not satisfied with the reply submitted by the petitioners, by the impugned orders, the petitioners have been terminated from services with immediate effect. It is the case of the petitioners that without following the cardinal principles of natural justice and without initiating a full-fledged departmental enquiry, the impugned orders of termination were issued against the petitioners, who have served the department with full dignity and sincerity, for 20-30 years.

Hence, the petitioners have approached this Court for redressal of their grievances.

ARGUMENTS ADVANCED ON BEHALF OF THE PETITIONERS

6. It has been argued by learned counsel for the petitioners that from perusal of impugned show-cause notice, it

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