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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Bhola Prasad Bhagat, son of Tara Prasad Bhagat – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition seeks quashing of termination order and reinstatement. (Para 1) |
| 2. contractual employment history, prior withdrawal, delayed appeal dismissed. (Para 2 , 3 , 4 , 5 , 6) |
| 3. termination for poor performance and defalcation without notice. (Para 7 , 8 , 9) |
| 4. stigmatic termination requires natural justice and hearing opportunity. (Para 10 , 11) |
| 5. compensation awarded instead of reinstatement due to 13-year delay. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
SRI ANANDA SEN, J.
1. By filing this writ petition, the petitioner has prayed for the following reliefs:-
(i) For issuance of appropriate writ/(s), for quashing of the order dated 10.1.2022 passed in Manrega Appeal No.88/2021 by respondent no.2 whereby and whereunder the appeal filed by the petitioner before respondent No.1 against the order memo No.356 dated 21.2.2013 passed by respondent No.3 has been dismissed at admission stage after rejecting the condonation application filed by the petitioner u/s 5 of limitation Act.
(ii) For issuance of appropriate writ(s) for quashing of the order dated 21.2.2013 passed by respondent no.3, whereby the service of the petitioner has been terminated w.e.f. 1.3.2013 without following
Stigmatic termination of contractual employee without notice or hearing violates natural justice, rendering it invalid. After 13-year lapse, no reinstatement; compensation awarded instead.
Termination orders based on misconduct must adhere to natural justice principles, ensuring employees have a fair opportunity to defend themselves.
Procedural fairness requires providing a reasonable opportunity for defense before terminating employment, as mandated by principles of natural justice.
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.
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