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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K. MOHAPATRA
Purusottam Swain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to termination based on disciplinary grounds. (Para 1 , 2) |
| 2. petitioner claims termination violates natural justice. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. state argues termination was justified and lawful. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. court analyzes procedural fairness and jurisdiction. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 5. court quashes termination order on jurisdictional grounds. (Para 38 , 39) |
JUDGMENT :
1. The present Writ Petition has been filed by the Petitioner challenging the impugned office order dated 29.12.2024 under Annexure-6 to the Writ Petition passed by the Opposite Party No.4-the Dean & Principal, Maharaja Krishna Chandra Gajapati, Medical College and Hospital, whereby the service of the Petitioner has been terminated with immediate effect on disciplinary ground. The Petitioner has prayed for quashing of the impugned order of termination dated 29.12.2024, under Annexure-6, and for reinstating him in service with all service and financial benefits.
2. The factual background of the present case, as culled out from the pleadings of the respective parties filed befo
Termination of a temporary employee must comply with principles of natural justice and authority jurisdiction; failure to do so makes the termination invalid.
The termination by an incompetent authority is invalid, and the competent authority plays a crucial role in employment decisions.
Termination of a probationary employee for unsatisfactory performance is lawful and non-stigmatic, requiring no formal inquiry or prior warning.
Termination without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.
Confirmed employees cannot be terminated without due process and a proper inquiry, as mandated by the Chhattisgarh Civil Services Rules and Article 311 of the Constitution.
Termination of service without a mandatory inquiry violates procedural safeguards, and authorities must justify any bypassing of these procedures.
The termination of services should be made by the appointing authority, and proper opportunity of hearing must be provided before making a decision with serious implications.
A temporary employee is entitled to the same protection under Article 311(2) of the Constitution of India as permanent employees, especially against stigmatic termination without inquiry.
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