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VIJAY KUMAR SHUKLA
RAHUL S/o AMOLAKCHAND JAIN – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – In the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 5-3-2020, by which the contractual services of the petitioner have been put to an end on account of violation of clause 11.2 of the Human Resources Manual (in short H. R. Manual). The said order is challenged mainly on the ground that the action of the respondent No. 2 is in violation of the fundamental rights of the petitioner guaranteed under Article 14 and 16 of the Constitution of India.
2. The facts of the case is that the petitioner was initially appointed on 24-12-2005. In the year 2014, the petitioner was assigned the work of District Community Mobilizer at Khargone. The petitioner was caught red-handed in the office premises. The Lokayukt Department has issued a letter to the respondent to transfer the petitioner to some other place. Thereafter, the petitioner was transferred to Umaria by the respondents. Subsequently, the petitioner was served with a show cause notice. The petitioner had given reply to the said show cause notice. By the impugned order dated 5-3-2018, the services of the petitioner has been terminated in view of clause 11.
Advocates appeared :For the Appellant : V. K Jain, Abhishek Tugnawat For the Respondent : Aditya Garg, Romesh Dave
Termination of employment without providing a reasonable opportunity to respond to allegations violates principles of natural justice and is deemed illegal.
A contractual employee’s termination does not violate natural justice if conducted per the established contractual terms without the requirement for a hearing.
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....
The legal point established is that a contractual employee's termination can be based on the grounds specified in the agreement, after affording the employee an opportunity to show cause, and without....
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