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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, J.
Saraswati Kumari, W/o Late Ramesh Kuamr Mistri – Appellant
Versus
Director-cum-Member Secretary, Jharkhand Child Protection Institution – Respondent
| Table of Content |
|---|
| 1. termination based on misconduct requires adherence to due process. (Para 3) |
| 2. failure to provide proper notice and opportunity to defend violates natural justice. (Para 4 , 5) |
| 3. court orders the respondents to follow proper procedure in future actions. (Para 6 , 7) |
JUDGMENT :
Ananda Sen, J.
Heard, learned counsel for the petitioner and learned counsel for the State.
2. This is a writ of certiorari. This can be disposed of at this stage itself without calling for the counter affidavit on the facts in the writ petition as the impugned order speaks for itself.
3. Vide impugned order as contained in Memo No.2003 dated 03.12.2024, the contract of the petitioner was terminated. Be it noted that the petitioner was working as Counselor, District Child Protection Unit, Palamau. There was an allegation that in the said Child Unit, there was some sexual exploitation of minor girl, but when the matter was brought to the knowledge of this petitioner, this petitioner tried to coverup the same and did not take the said allegation seriously. On this ground, petitioner’s contract has been terminated on 03.12.2024.
4. The termination order is stigmatic. Even if a contractual employee is
Termination of a contractual employee without proper inquiry and adherence to principles of natural justice is invalid and requires reinstatement and due process.
Termination based on misconduct allegations requires adherence to natural justice principles, including the right to a hearing, even for contract employees.
Termination based on misconduct allegations requires adherence to natural justice principles, including the right to a hearing, even for contract employees.
Contractual employees must be afforded principles of natural justice, including access to enquiry reports, before termination.
Termination orders based on misconduct must adhere to natural justice principles, ensuring employees have a fair opportunity to defend themselves.
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.
Stigmatic termination of contractual employee without notice or hearing violates natural justice, rendering it invalid. After 13-year lapse, no reinstatement; compensation awarded instead.
The legal point established is that a contractual employee's termination can be based on the grounds specified in the agreement, after affording the employee an opportunity to show cause, and without....
Contractual employee terminations deemed stigmatic require compliance with natural justice, including issuing a show cause notice before termination.
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