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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Anand Pathak, Hirdesh
National Health Mission – Appellant
Versus
Richa Saxena – Respondent
| Table of Content |
|---|
| 1. background of the case and termination (Para 1 , 2) |
| 2. arguments regarding the termination process (Para 3 , 4 , 5 , 6) |
| 3. principles of natural justice (Para 8 , 9 , 10) |
| 4. analysis of hearing opportunities and performance issues (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 19) |
| 5. conclusion on termination validity (Para 18) |
| 6. final ruling on the appeal (Para 21 , 22) |
JUDGMENT :
Anand Pathak, J.
1. The present appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant/respondent No.2 being crestfallen by the order dated 20-07-2024 passed by learned Single Judge in Writ Petition No.15348 of 2024 whereby the writ petition filed by the respondent (hereinafter referred to as “the petitioner”) has been allowed.
2. Precisely stated facts of the case are that the petitioner was appointed as Family Planning Counselor on contract basis in 2007 and thereafter the said post was given the nomenclature as Block Community Mobilizer on which petitioner was again appointed on contract basis on 19-08-2021. Contract period of petitioner was extended by the appellant from time to time. A show cause notice dated
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.
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.
Termination of a contractual employee citing indiscipline and negligence without a proper inquiry violates Article 311(2) and the principles of natural justice, rendering the termination invalid.
The contract-based employment does not entitle the employee to the protections of Article 311, thus allowing termination based on performance without a full departmental inquiry.
Termination orders based on misconduct must adhere to natural justice principles, ensuring employees have a fair opportunity to defend themselves.
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 main legal point established in the judgment is that the principle of natural justice should be applied based on the nature of the inquiry and the opportunity of hearing provided, and that admiss....
The obligation to hold an enquiry before imposition of major punishment and the principles of natural justice must be adhered to in cases of termination of service.
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