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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Ravi Kumar, son of Late Jaleshwar Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SRI ANANDA SEN, J.
1. Heard learned counsel representing the petitioner and learned counsel representing the respondents, at length.
2. By filing this writ petition, the petitioner has prayed for writ of certiorari to quash the Letter as contained in Memo No.56 dated 13.02.2020, whereby the petitioner was stopped from working as Junior Engineer and was asked to show cause as to why not his contract be terminated.
2.1. The petitioner has further prayed to quash the Memo No.110 dated 23.03.2020, whereby the contractual service of the petitioner was terminated.
2.2. The petitioner has also prayed for mandamus upon the respondents to reinstate the services of the petitioner.
3. Learned counsel representing the petitioner submits that in utter violation of principles of natural justice, the service contract of the petitioner was terminated. He admits that though the petitioner is a contractual employee, yet principles of natural justice have to be followed, as mandated by the Hon’ble Supreme Court. It is his contention that the allegation levelled against the petitioner is vague and omnibus and the same cannot be a ground to terminate the services of the petitioner.
4. Learned couns
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 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.
Stigmatic termination of contractual employee on misconduct grounds, carrying penal consequences like dues forfeiture and re-employment bar, requires natural justice compliance including inquiry and ....
Termination of a contractual employee without proper inquiry and adherence to principles of natural justice is invalid and requires reinstatement and due process.
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