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T. AMARNATH GOUD
Nandan Datta – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. petitioner's service termination details. (Para 1 , 2) |
| 2. arguments regarding due process in service termination. (Para 3 , 4) |
| 3. court's analysis on service termination legality. (Para 5 , 6 , 7 , 8) |
| 4. writ petition dismissed. (Para 9 , 10) |
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 18.11.2002 to 30.12.2002 as Technician 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 for the petitioner submits before this cou
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.
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.
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.
Regularisation/absorption is not a mode of appointment, and failure to apply for regular selection can lead to dismissal of a writ petition.
The principle of regularisation/absorption is not a mode of appointment, and the issuance of an advertisement for regular appointments attracts talent and ensures compliance with Article 14 of the Co....
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