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HIGH COURT OF UTTARAKHAND AT NAINITAL
SUBHASH UPADHYAY
Ganga Joshi – Appellant
Versus
Uttarakhand Parivahan Nigam – Respondent
| Table of Content |
|---|
| 1. contractual conductor terminated for ticket machine tampering without inquiry. (Para 1 , 2 , 3) |
| 2. stigmatic termination for misconduct requires natural justice compliance. (Para 4) |
| 3. contractual employees exempt from departmental inquiry despite past misconduct. (Para 5 , 6 , 7) |
| 4. termination explicitly founded on misconduct, rendering it stigmatic. (Para 8 , 9 , 10) |
| 5. contractual punitive termination mandates inquiry per natural justice. (Para 11 , 12 , 13) |
| 6. quash order, restore status with 50% wages; deny clerk regularization. (Para 14 , 15 , 16 , 17) |
Judgment :
Subhash Upadhyay, J.
The petitioner who is aggrieved by the termination of contractual engagement as a Conductor has filed the present writ petition challenging the impugned order dated 26.03.2011 on the ground that the same is based on the alleged misconduct and the said order being stigmatic in nature is liable to be quashed as the same has been passed in utter violation of the principles of natural justice without conducting any inquiry. The petitioner has further prayed for considering her case for regularization on the post of Clerk looking into her past services.
2. The brief facts of the case as nar
Stigmatic termination of contractual employee on misconduct grounds, carrying penal consequences like dues forfeiture and re-employment bar, requires natural justice compliance including inquiry and ....
Termination of a contractual employee based on an FIR does not constitute a stigmatic termination if the service agreement allows termination without inquiry.
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.
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....
Point of law: Termination of service - termination order that the foundation of the impugned order was alleged misconduct of demanding and accepting bribe of Rs.1,000/-, for which afore-mentioned F.I....
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