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BHASKAR RAJ PRADHAN
Manju Chettri – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. petitioner's termination and legal challenge (Para 1 , 2) |
| 2. failure to consider petitioner's representation (Para 3) |
| 3. contractual nature of petitioner's employment (Para 4) |
| 4. legality and maintenance of writ petition (Para 5) |
| 5. dismissal of writ petition with liberty to represent (Para 6) |
JUDGMENT
Bhaskar Raj Pradhan, J. - This writ petition is listed for admission hearing before issuance of notice. The learned Additional Advocate General is present on advance notice.
2. Aggrieved by the order of termination dated 09.09.2020 passed by the 3rd respondent discharging her contractual service with immediate effect the petitioner has preferred the present writ petition under Article 226 of the Constitution of India. The petitioner has prayed for a declaration that the order of termination is illegal and arbitrary and in violation of principles of natural justice. She has also prayed for reinstatement in service with all consequential benefits.
3. Mr. J. B. Pradhan, learned Senior Advocate representing the petitioner took this court through the writ petition, the order of termination, the appointment order dated 15.07.2015 and the representation made to the Hon’ble Chief
A contractual employee’s termination does not violate natural justice if conducted per the established contractual terms without the requirement for a hearing.
Point of law: Contractual Employee - Order of termination of a temporary employee or a probationer or even a tenure employee, simpliciter without casting any stigma may not be interfered with by cour....
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.
The court upheld the termination of a contractual employee as valid, emphasizing that rights are governed by the contract terms, and principles of natural justice do not apply in the same manner to c....
Termination of employment without providing a reasonable opportunity to respond to allegations violates principles of natural justice and is deemed illegal.
Termination orders based on misconduct must adhere to natural justice principles, ensuring employees have a fair opportunity to defend themselves.
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