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2021 Supreme(MP) 120

SANJAY DWIVEDI
Sanju Rawat – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :D.K. Dixit, Advocate
For the Respondent:Manoj Kushwaha, Panel Lawyer and Dhruv Verma, Advocate

ORDER :

Sanjay Dwivedi, J.

1. This petition has been filed by the petitioner questioning the legality, validity and propriety of the orders dated 18.08.2017 (Annexure P/7) and 22.03.2018 (Annexure P/16) whereby the services of the petitioner have been terminated and the appeal preferred against the order of termination has also been dismissed.

2. The services of the petitioner have been terminated vide order dated 18.08.2017 (Annexure P/7) by the respondent No. 3 on the ground that she has committed a misconduct and as per Condition No. 31 of the contract executed between her and the employer, her services can be terminated. Thereafter, an appeal was preferred by the petitioner and vide order dated 22.03.2018 (Annexure P/16) the same was also dismissed by the appellate authority.

3. The challenge is made basically on the ground that the order dated 18.08.2017 terminating the services of the petitioner has been passed by an incompetent authority as the appointing authority of the petitioner is Chief Executive Officer and only he can terminate the services of the petitioner invoking the power provided under Condition No. 31 of the contract and secondly on the ground that the order is pun

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