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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Jitendriya Mohanty – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
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| 1. contentions of the petitioner regarding the arbitrary nature of termination. (Para 6 , 8 , 11) |
JUDGMENT :
A.K. Mohapatra, J.
1. The present Writ Petition has been filed with a prayer to quash the impugned order No.5190 dated 02.03.2024, under Annexure-6 to the Writ Petition and the impugned advertisement dated 03.03.2024, under Annexure-7 to the present Writ Petition. Along with a further prayer to direct the Opposite Parties, particularly Opposite Party No.2 to allow the Petitioner to continue as the Company Secretary in the “Odisha Police Housing & Welfare Corporation Ltd.” And extend all consequential service benefits as are due and admissible to the Petitioner.
FACTS
2. A concise overview of the facts leading to the filing of the present Writ Petition is as follows; initially, the Odisha State Police Housing & Welfare Corporation Ltd. (herein referred to as “the Corporation”) floated an online advertisement dated 10.07.2023, a copy of which has been attached as Annexure-1 to the present Writ Petition, inviting prospective applications for appointment to the sanctioned regular post of Company Secretary, with 14.08.2023 fixed as the last date for applying to the sai
Termination of a probationer's service does not require adherence to natural justice unless it is stigmatic in nature.
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
The main legal point established in the judgment is the distinction between termination simpliciter and punitive termination based on the nature of the inquiry and the purpose of the termination.
Termination of a contractual employee based on an FIR does not constitute a stigmatic termination if the service agreement allows termination without inquiry.
Termination of a probationary employee for unsatisfactory performance is lawful and non-stigmatic, requiring no formal inquiry or prior warning.
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