GAHC010106602024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/286/2024 PRASHANNA BAISHYA S/O LATE BANTI RAM BAISHYA, RESIDENT OF VILLAGE MAZIPARA, NEAR L.P SCHOOL. HOUSE NO. 20A, TRINAYAN PATH, PS BASISTHA, DIST KAMRUP M GUWAHATI 781029, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS - REP BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPTT DISPUR GUWAHATI 6 ASSAM

2:PROJECT DIRECTOR ASSAM STATE AIDS CONTROL SOCIETY AND DIRECTOR CUM MEMBER SECRETARY ASSAM STATE BLOOD TRANFUSION COUNCIL KHANAPARA GUWAHATI 22 ASSAM

3:THE SUPERINTENDENT GMCH GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANAGAGARH GUWAHATI 5 ASSA Advocate for the Petitioner : MR. D DAS SR. ADV, MR. K MOHAMMED,MR. INDRAJIT BHUYAN Advocate for the Respondent : MS. D BORA, SC, HEALTH DEPTT. (R-1&3), MR P NAYAK (R-2)

Linked Case : I.A.(Civil)/2515/2024 PRASHANNA BAISHYA S/O LATE BANTI RAM BAISHYA RESIDENT OF VILLAGE MAZIPARA NEAR L.P SCHOOL. HOUSE NO. 20A TRINAYAN PATH PS BASISTHA DIST KAMRUP M GUWAHATI 781029 ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REP BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPTT DISPUR GUWAHATI 6 ASSAM

2:PROJECT DIRECTOR ASSAM STATE AIDS CONTROL SOCIETY AND DIRECTOR CUM MEMBER SECRETARY ASSAM STATE BLOOD TRANFUSION COUNCIL KHANAPARA GUWAHATI 22 ASSAM

3:THE SUPERINTENDENT GMCH GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANAGAGARH GUWAHATI 5 ASSAM ------------

Advocate for : MR. D DAS SR. ADV Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 2 ORS - BEFORE -

HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KAUSHIK GOSWAMI Date of hearing : 24.01.2025. Date of Judgment : 30.01.2025.

J U D G M E N T & O R D E R (CAV)

(Kaushik Goswami, Judge)

Heard Mr. D. Das, learned Senior Counsel assisted by Mr. K. Mohammed, learned counsel for the petitioner/appellant. Also heard Mr. P. Nayak, learned Standing Counsel, Assam State AIDS Control Society, for the respondent No. 2 and Ms. D. Borah, learned Standing Counsel, Health Department for respondent Nos. 1 and 3.

2] This appeal is presented against the Judgment and Order dated 26.04.2024, passed in WP(C) No. 1042 of 2023, by the learned Single Judge whereby the impugned order of termination of service of the petitioner/appellant was upheld.

3] The brief facts of the case are as follows:-

The petitioner/appellant was appointed as Laboratory Technician by the Project Director, Assam State AIDS Control Society (hereinafter called as “the Society”) on 16.09.2005 for a period of 6 months, which was extended from time to time. During the course of engagement, the petitioner/appellant was allowed to work at the Blood Bank attached to the Guwahati Medical College Hospital (GMCH). In connection to an incident occurring in the counter of the aforesaid Blood Bank on 11.01.2023, an FIR was lodged in the jurisdictional Police Station. In connection thereto, the petitioner/appellant was also arrested and thereafter was released on bail. Pursuant to the said incident, the service of the petitioner/appellant was terminated by order dated 13.01.2023. Aggrieved by the aforesaid termination, the petitioner/appellant filed the writ petition which was dismissed by the learned Single Judge by upholding the said termination order. Situated thus, the present appeal has been preferred.

4] Mr. D. Das, learned Senior Counsel submits that the impugned termination order is totally illegal inasmuch as despite the termination being stigmatic in nature, no show cause notice whatsoever had been issued to the petitioner/appellant before issuance of such termination. He further submits that even in the case of contractual employment, it is imperative for the employer to follow the principles of natural justice before termination in the event such termination is stigmatic.

In support of the aforesaid, he relies upon the following decisions:

1) Parshotam Lal Dhingra Vs. Union of India reported in AIR

1958 SC 36.

2)Judgment dated