Termination of a contractual employee without affording an opportunity for a disciplinary hearing violates principles of natural justice and is subject to quashing.

JUDGMENT :

SIBO SANKAR MISHRA, J.

1. By way of the Writ Petition, the Petitioner has raised its grievance that he was working as a Junior Engineer (Civil) on contractual basis. While serving as such he was terminated from service on 08.06.2020 on the basis of certain allegation of irregularities committed by him. He was not subjected to any disciplinary proceeding as mandated in the provision of OCS (CC & A) Rules, 1962, therefore, the unilateral termination order dated 08.06.2020 is directly in violation of the principle of natural justice. Against the aforementioned termination order, he had filed the Writ Petition bearing W.P.(C) No.29633 of 2020 and highlighted the same grievance. After hearing the parties in detailed, the learned Single Judge of this Court vide its order dated 09.11.2020 has been pleased to pass the following order:-

"Referring to different documents as well as the Service Rules appended herein, Sri Pattnaik, learned counsel for the petitioner ultimately taking this Court to the findings of the enquiry report submitted by the Superintending Engineer contended that the report went against the present petitioner and some other persons, as finds place at page-32 of the brief. Further taking this Court to the development through Annexures-5 & 6, Sri Pattnaik alleged that the service of the petitioner has been taken away only on the basis of such enquiry report and without entering into any disciplinary proceeding involving the petitioner and/or giving opportunity to the petitioner before dismissing him from service. It is on the self same ground, the petitioner brought to the notice of this Court that the petitioner, vide Anenxure7 series has already submitted a protest to the Additional Chief Secretary, Rural Development Department as well as the Engineer-in-chief, which are pending consideration.

For the allegation made in the writ petition in substantiating the case of the petitioner, this Court finds, such allegation in the first hand is required to be taken care of by the disciplinary authority inasmuch as the Additional Chief Secretary, Rural Development Department as well as the Engineer-in-chief. Keeping this in view and for pendency of the representation on the selfsame allegation, this Court in disposal of the writ petition directs O.Ps.1 & 2 to look into the grievance of the petitioner, vide Annexure-7 series and W.P.(C) NO.29633 OF 2020 2 take decision, as appropriate also taking into consideration the plea taken in the writ petition and also the support of documents appended therein by completing the entire exercise giving opportunity of hearing to the petitioner within a period of two months from the date of communication of this order by the petitioner."

2. The Petitioner reiterated his representation dated 24.06.2020 & 19.06.2020 before the Additional Chief Secretary, Rural Development Department & the Engineer-in-Chief, Rural Works Organization respectively. In compliance to the direction issued by this Court on 09.11.2020, it appears, the Engineer-in-Chief, Rural Works, Bhubaneswar asked the Petitioner to appear in person on 25.02.2021. The Petitioner was orally heard and thereafter an order dated 27.05.2021 was passed by the Additional Chief Secretary to Government rejecting the representation made by the Petitioner.

3. The Petitioner by way of the present Writ Petition is assailing the order dated 27.05.2021 at Annexure-12 and also the order of termination dated 08.06.2020 at Annexure-6.

4. The detailed counter affidavit to the Writ Petition has been filed by Opposite Party Nos.1 to 3 on 20.02.2023. The Petitioner by way of rejoinder dated 04.05.2023 revert