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S. TALAPATRA
Ditul Debbarma – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. termination due to alleged negligence. (Para 2 , 3) |
| 2. violation of natural justice in termination. (Para 4) |
| 3. right to a fair hearing is essential. (Para 5 , 6 , 8) |
| 4. fairness requires opportunity for defense. (Para 7 , 9 , 10) |
| 5. reinstatement ordered; inquiry permitted. (Para 11) |
JUDGMENT
S. Talapatra, J. - Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharya, learned G.A. assisted by Mr. P. Saha, learned counsel appearing for the respondents.
2. The petitioner was engaged as the Technical Assistant (JE) for implementing various projects relating to MGNREGA works. As stated by the petitioner, on 21.11.2018, he abruptly received a notice [Annexure-3 to the writ petition] whereby he has been terminated from his contractual job as Technical Assistant under the scheme of MGNREGA. It has been stated in the said notice that the petitioner had been reporting to his project irregularly, not attending the Office timely and also remaining absent from the Office and the prescheduled meetings. The petitioner was responsible for supervising all the schemes being implemented by the village committees, but his performance was fou
Procedural fairness requires providing a reasonable opportunity for defense before terminating employment, as mandated by principles of natural justice.
Stigmatic termination of contractual employee without notice or hearing violates natural justice, rendering it invalid. After 13-year lapse, no reinstatement; compensation awarded instead.
Contractual employees must be afforded principles of natural justice, including access to enquiry reports, before termination.
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....
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