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T. AMARNATH GOUD
Anup Kumar Chakraborty – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. petition under article 226 against a memorial. (Para 1 , 2) |
| 2. counsel arguments on service termination and natural justice. (Para 3 , 4) |
| 3. analysis of service continuity and contract obligations. (Para 6 , 7 , 8) |
| 4. writ petition dismissed for lack of merit. (Para 9) |
JUDGMENT
1. This is a petition under Article 226 of the Constitution of India whereby the petition has urged to quash and cancel the memorandum dated 30.06.2020 passed by the District Disability Rehabilitation Officer, District Disability Rehabilitation Centre (West).
2. It is the case of the petitioner that from 2002 the petitioner was put in contractual services since 02.04.2002 to 30.12.2002 as Clerk-cum-Accountant/Store under District Disability Rehabilitation Centre (West). It is further submitted by the petitioner that his services were renewed from time to time. The present term has come to an end on 30.06.2020. On the said date, the respondents in spite of extending his service have served a memorandum dated 30.06.2020 which is impugned herein informing the petitioner not to attend his services beyond 30.06.2020 as his service were not satisfactory. Hence, the present writ petition.
3. The counsel
The court upheld the principle that contractual employment lacks an inherent right to renewal beyond the agreed term and validated the discontinuation of service without notice.
A petitioner cannot claim continuation of service beyond the contractual term without a stipulated right; adverse remarks do not invoke the principles of natural justice in such situations.
Fairness in administrative action requires organizations, even if not governmental, to provide employees with the opportunity to respond to allegations before termination.
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.
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