Termination of a temporary employee must comply with principles of natural justice and authority jurisdiction; failure to do so makes the termination invalid.

JUDGMENT :

A.K. Mohapatra, J.

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.

FACTUAL MATRIX OF THE CASE

2. The factual background of the present case, as culled out from the pleadings of the respective parties filed before this Court, including the Counter Affidavit filed by the Opposite Party No.4-the Dean & Principal, Maharaja Krishna Chandra Gajapati, Medical College and Hospital, in gist is as follows; the Petitioner, who is a Medical Officer of the OMHS cadre, was appointed as Assistant Professor, Orthopedic on deputation/ contractual basis vide office order dated 22.07.2024 under Annexure-3 to the Writ Petition. Following such appointment, the Petitioner joined in his service at the Maharaja Krishna Chandra Gajapati, Medical College and Hospital (hereinafter referred to as “MKCG MCH”). While the Petitioner was continuing in his service, there was some physical disturbance in the canteen of the hostel in the PG campus, on the mid night of 20.12.2024 (i.e. in the early hours of 21.12.2024) involving the Petitioner, one Dr.Rajinikanth and several others. Following such incident Dr.Rajinikanth has made allegations of physical assault against the Petitioner and some other persons. Consequently, based on such allegations, the College Council Committee conducted disciplinary proceedings on 23.12.2024. Thereafter, the office order dated 29.12.2024, under Annexure-6 to the Writ Petition, was issued pursuant to the decision taken in the College Council Meeting held on 23.12.2024 and the communication received by the D.M.E.T, Odisha vide letter No.25143 dated 27.12.2024, wherein the service of the Petitioner along with three others were terminated with immediate effect on disciplinary grounds. The petitioner, upon being aggrieved by such an order of termination, has approached this Court by filing the present Writ Petition with the prayer as mentioned hereinabove.

CONTENTIONS OF THE PETITIONER

3. Heard Mr.Budhadev Routray, learned Senior Counsel along with Mr.S.Routray, learned Counsel, appearing for the Petitioner. It is the Petitioner's stance that the impugned order of termination dated 29.12.2024, under Annexure-6 to the present Writ Petition, is bad in law and that his termination from service suffers from the latches of non-adherence to applicable guidelines and the principles of natural justice.

4. The Learned Senior Counsel for the Petitioner, at the outset submitted that the Petitioner was initially appointed pursuant to the Office Order No.5534 dated 22.05.2024 issued by the Opposite Party No.4, under Annexure-2. Referring to the aforesaid order of appointment of the Petitioner, the Learned Senior Counsel for the Petitioner submitted that it can be clearly seen from the said order that that the Petitioner's service is governed as per the Govt. Resolution No.8967/H dated 25.04.2022. As such, the service of the present Petitioner is regulated by the “Guidelines for Engagement of Assistant Professor/ Associate Professor/ P