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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA
Kailash Hada – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. termination of service based on misconduct (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments over inquiry requirements for termination (Para 6 , 7) |
| 3. analysis of inquiry process before termination (Para 8 , 9 , 10 , 11 , 12 , 14 , 16) |
| 4. clarification on applicability of inquiry rules (Para 13 , 17 , 18) |
| 5. the court discusses procedural fairness and past judgments related to stigmatic terminations. (Para 15) |
| 6. dismissal of petition with affirmation of prior orders (Para 19 , 20) |
ORDER :
VIJAY KUMAR SHUKLA, J.
The present petition is filed under Article 226 of the Constitution of India challenging the order dated 21.12.2022 passed by respondent no.4, by which the petitioner's service as Gram Rojgar Sahayak has been terminated and the order dated 31.01.2023 dismissing the first appeal by respondent no.3 and also order dated 16.04.2024 whereby the second appeal has been dismissed by the respondent no.2.
2. The facts of the case are that the petitioner was appointed as Gram Rojgar Sahayak on 07.03.2013 on contract basis. A complaint was made in which it was stated that the petitioner was demanding money for releasing the installments of Pradhan Mantri Avas Yojna and the audio CD purpo
The court ruled that a contracted employee's termination for misconduct does not require a departmental inquiry under civil service rules if reasonable opportunity is provided, affirming the validity....
Contractual employees can be terminated based on proven misbehavior/poor performance, and the nature of engagement determines the applicability of principles of natural justice.
Judicial review cannot extend to altering the terms of a contract post-expiry, and the principles of natural justice were upheld in the termination process.
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