Back
SUBODH ABHYANKAR
Ghanshyam Karma – Appellant
Versus
Principal Secretary State of M. P. – Respondent
ORDER
1. This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 28.10.2013, passed by the respondent No.3/National Rural Health Mission, Bhopal whereby the petitioner’s services have been terminated on the ground of his having committed financial irregularities.
2. In brief, the facts of the case are that the petitioner was initially appointed on contractual basis vide order dated 18.12.2006, on the post of District Accounts Manager in National Rural Health Mission. The contract was initially for a period of 2 years, however, subsequently it was extended from time to time and lastly, it was extended vide order dated 21.6.2013 till 31.3.2014. While the petitioner was posted at Jhabua, certain complaints about his financial irregularities were brought to the notice of the authority and thus a show cause notice dated 1.10.2013 was issued to the petitioner by the respondent No.6/Chief Medical and Health Officer, District Jhabua. The reply of which was also given by the petitioner on 17.10.2013, and thereafter another notice was issued to the petitioner on 3.10.2013 and its reply was also given by the petitioner on 25.10.20
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....
The court affirmed that natural justice principles apply even in contractual employment but can be flexible; proper opportunity must be given, but not always in the traditional sense.
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.
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
