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HIGH COURT OF UTTARAKHAND AT NAINITAL
SUBHASH UPADHYAY
Ganga Joshi – Appellant
Versus
Uttarakhand Parivahan Nigam – Respondent
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 narrated in the Writ Petition are as follows:
The petitioner after completing the apprenticeship training (clerk) at the Corporation Office at Nainital from 21.10.1986 to 15.03.1988 was engaged as a Conductor on 09.07.1998 on contractual basis and was to be paid 0.35 paisa per kilometer. The petitioner deposited Rs. 2000/- as security amount and continued as Conductor. The petitioner was issued a show cause notice on 15.03.2011 stating therein that on a spot inspection of the bus, it was found that in total 75 way bill, the petitioner has by tempering the ticket machine had pr
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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