Punitive action should not be taken against an individual without establishing or proving the allegations made against them through a proper enquiry and affording them a reasonable opportunity to defend themselves.

JUDGMENT

1. Heard Mr. Kh. Tarunkumar, learned counsel appearing for the petitioner and Mr. A. Vashum, learned Government Advocate appearing for the respondents.

The present writ petition had been filed with a prayer for quashing and setting aside the impugned show-cause notice dated 23.03.2020 in respect of the petitioner and the impugned memorandum dated 06.05.2020 thereby terminating the contractual engagement of the petitioner with immediate effect.

2. The facts of the present case in brief is that the petitioner was initially engaged as a District Programme Manager (DPM) in the State Health Society, National Health Mission, Manipur on contract basis for implementation of a Scheme for the period from 28.11.2016 to 28.02.2017 on the terms and conditions as set out in the agreement executed on 01.12.2016 between the State Health Society, National Health Mission, Manipur, and the petitioner. The relevant terms and conditions as set out in the said agreement are as under:-

'1. The 2nd Party is hereby engaged as DPM on contract basis for a period from 28/11/16 to 28/2/2017. His/her service shall automatically stand terminated immediately at the end of contract period.

'2. The 2nd Party shall be paid a consolidated remuneration of Rs. 13600+PBH (Rupees Thirteen thousand Six hundred only) only per month by 1st Party.

'3. The 2nd Party shall work or perform duties assigned from time to time under the supervision and control of the 1st Party or such Officer authorized by the 1st Party;

'4. The 2nd Party shall, during the term of this agreement, not engage himself/herself directly or indirectly in other employment whatever.

'5. The above parties agreed that the service rules presently governing the State Government employees shall not apply to the 2nd Party.

'6. The 2nd party shall have no right to claim or shall not make claim for regular appointment/absorption on the basis of his/her engagement for implementation of the said Scheme. His/her service shall automatically cease immediately at the end of contract period.

'7. The 2nd Party shall execute an Undertaking which is appended hereto in respect of his/her term of engagement for implementation of the said scheme. The said undertaking will be a part of this Agreement.

'8. The either party to this Agreement may terminate this Agreement by giving to the other party one month's notice in writing of his/her intention to do so and on the expiration of such notice, this Agreement shall stand determined/terminated'.

3. The undertaking as mentioned in Para 7 of the aforesaid agreement and executed by the petitioner is as under:-

'OFFICE OF THE

STATE HEALTH SOCIETY, MANIPUR

U N D E R T A K I N G

I, Kamei Khampu do hereby undertake that I shall not claim any right for regular appointment on the basis of my engagement as DPM on contract basis under the State Health Society Scheme, NHM, Manipur Scheme (CSS).

Further, I also undertake that my engagement as DPM (designation) Kamei Khampu (name) shall automatically cease at the end of the contract period without awaiting order for termination of the contract service from the competent authority.

Sd/-

(KAMEI KHAMPU)

Signature of Contract Appointee'

4. On examination of the record of the present writ petition, it appears that the period of engagement of the petitioner on contract basis was extended after the expiry of the period of his initial engagement. On 13.03.2020, while the petitioner was serving as District Programme Manager at District Health Society, Tamenglong, the CMO/DMD, Tamenglong District issued a show-cause notice thereby instructing the petitioner to give his explanation in writing within seven days as to why disciplinary action should not be taken against him in connection with the petitioners' alleged insubordination to duties. In response to the said show-cause notice, the petitioner submitted his written explanation dated 17.03.2020 stating, inter-alia, that the allegations made against him are baseless and fabricated and the same have been done t