Termination of a contractual employee based on allegations of misconduct is a punitive and stigmatic act. Such dismissal requires a formal disciplinary enquiry in compliance with the principles of natural justice, and failure to conduct one renders the termination order legally unsustainable.

THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER AS AT ANNEXURE-R DATED 03.03.2023 PASSED BY THE R1 IN NO.DSP-EST/51/2022 AND ETC.,

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:-

“(a) Issue of a writ of Certiorari or any other writ or order or direction as the case may be, quash the impugned order as at Annexure-R, dated 03.03.2023, passed by the 1st Respondent, in No.:DSP-EST/51/2022;

(b) Issue of a writ of Mandamus or any other writ or order or direction as the case may be direct the respondents 1 and 3 to permit the petitioner to re-join to duty as data entry operator in the office of the 4th Respondent, in the place in which the petitioner was working and pay her salary due to her.

(c) Grant such other relief or reliefs as this case may be, as this Hon’ble Court deems fit in the circumstances of case, in the interest of Justice.”

2. Heard learned counsel for the petitioner, learned AGA for the respondent Nos.1 to 3 and learned counsel for respondent No.4 and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner was working as a Data Entry Operator in the respondent No.3 - Office by way of outsourcing from Keonics. The petitioner was on leave from 07.08.2019 to 06.09.2019. According to the petitioner, she was on medical leave on account of her surgery and she had intimated the same to the respondent. It is contented that subsequently, the respondent did not take the petitioner back to duty and instead terminated the services of the petitioner on the ground of unauthorised absence, which was challenged by the petitioner before this Court in W.P.No.1359/2020, which was disposed of by this Court as hereunder:

“The petitioner is before this Court praying for a writ of mandamus to direct the respondents 1 and 3 to permit the petitioner to rejoin duty as Data Entry Operator in the place of the 4th respondent.

2. Heard Sri Pramod R., learned counsel for the petitioner and Sri T.P. Srinivas, learned Principal Government Advocate for respondents 1 to 3. Respondent No.4 has remained absent. Perused the writ petition papers.

3. Learned counsel for the petitioner would submit that the petitioner was appointed as Data Entry Operator on 01.01.2010 in the 3rd respondent Office on out source from Keonics. It is stated that the petitioner was on medical leave, which was sanctioned by the 3rd respondent-Tahsildar. Petitioner was issued with show cause notice alleging absence and the petitioner was terminated from duty as Data Entry Operator by 3rd respondent-Tahsildar. Against which the petitioner is said to have filed a representation before the 1st respondent-Director of Social Security and Pensions, Revenue Department. The Director issued letter dated 19.11.2019 (Annexure-J) to the 1st respondent–Deputy Commissioner, and forwarded the material made available by the petitioner such as leave sanction letter, medical certificate, directing to conduct enquiry and take action to reinstate the petitioner into service. The petitioner is before this Court seeking for a direction to implement Annexure-J dated 19.11.2019. Learned counsel for the petitioner would submit that the 3rd respondent/Tahsildar has no jurisdiction to terminate the service of the petitioner and moreover, he submits that the petitioner went on leave on sanction by the 3rd respondent-Tahsildar. Further he submits that the petitioner had undergone surgery and in that regard she had also submitted medical certificate. Si