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RAJESH SHANKAR
Ramakant Roy – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
RAJESH SHANKAR, J.
1. The present writ petition has been filed for quashing the order dated 19.07.2021 (Annexure-11 to the writ petition) passed by the respondent No. 4 whereby the recommendation made in the meeting of the District Health Committee, Garhwa held under the Chairmanship of the respondent No. 3 on 17.06.2017 regarding termination of the petitioner’s contractual service, has been kept intact and his application with respect to the claim for payment of arrears of salary/honorarium as well as to reinstate him in his original place of posting, has been rejected. Further prayer has been made for issuance of direction upon the respondents to reinstate the petitioner in service as Block Programme Manager w.e.f. 20.11.2017 with full back wages and all consequential benefits. The petitioner has also prayed for payment of due honorarium for the period from 01.08.2015 to 12.04.2016.
2. The petitioner, who appears before this Court in person, submits that he was appointed on 30.04.2010 as Block Programme Manager under the National Rural Health Mission (NRHM). In the light of the order of the respondent No. 4 issued vide memo No. 1550 dated 30.07.2015, the In-Charge Medical
The court emphasized the necessity for fair procedures in administrative actions affecting employment rights, quashing the termination due to violations of natural justice.
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.
The obligation to hold an enquiry before imposition of major punishment and the principles of natural justice must be adhered to in cases of termination of service.
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.
Termination of contractual employment must adhere to principles of fairness and non-arbitrariness, ensuring equal treatment under Articles 14 and 16 of the Constitution.
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