IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DECIDED ON: 06.02.2026 TAMANNA ...PETITIONER VERSUS STATE OF HARYANA AND ORS.

....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. S.S. Sahu, Advocate for the petitioner(s)

Mr. Deepak Balyan, Addl. A.G.,Haryana ****

SANDEEP MOUDGIL, J Prayer

1. This Civil Writ Petition under Articles 226/227 of the Constitution of India has been filed seeking issuance of a writ of certiorari for quashing the impugned order dated 17.05.2023 (Annexure P-13) passed by respondent No.4 – Civil Surgeon, Fatehabad, whereby the services of the petitioner have been terminated without issuance of any charge-sheet or holding a departmental enquiry.

Brief Facts

2. The petitioner was appointed on contract basis as Multipurpose Social Worker (Female) [MPSW (F)] under the Urban Health Mission and joined service on 31.10.2013 (Annexure P-1) at Polyclinic, HUDA Sector-3, Fatehabad. Her appointment was initially valid up to 31.03.2014 and was thereafter extended from time to time through successive orders issued by the respondent department, the last extension being up to 31.03.2024. During this period, the petitioner continued to work on the said post under contractual terms.

3. On 03.05.2023, while discharging her official duties at the Polyclinic, the petitioner administered routine vaccination to several children, including an infant named Kabir, aged about two months. Subsequent to the vaccination, the condition of the child deteriorated, and the petitioner referred the child to the Civil Hospital, Fatehabad, where medical treatment was provided. The child, however, expired during treatment at the Civil Hospital and the matter was reported to the concerned medical authorities.

4. Following the said incident, the Civil Surgeon, Fatehabad, issued an order dated 17.05.2023 (Annexure P-13) terminating the services of the petitioner during the subsistence of her contractual tenure. The termination order cited negligence in discharge of duties, non- adherence to Standard Operating Procedures during vaccination, and unsatisfactory performance as reasons for cancellation of the contract, in accordance with the terms of appointment.

5. Aggrieved by the termination order, the petitioner filed the present writ petition challenging the legality and validity of the order dated 17.05.2023 (Annexure P-13) on the ground that it was passed without issuance of notice, without affording an opportunity of hearing, and without conducting any departmental enquiry, despite containing allegations of negligence. The petitioner has sought setting aside of the impugned order and consequential reliefs.

Contentions On behalf of the petitioner

6. Learned counsel for the petitioner submits that the impugned termination order dated 17.05.2023 (Annexure P-13) is illegal, arbitrary and unsustainable in the eyes of law as it amounts to a stigmatic termination of the petitioner during the subsistence of a valid contractual tenure without adherence to the principles of natural justice. It is contended that though the petitioner was a contractual employee, her services could not have been dispensed with on allegations of negligence or misconduct without issuance of a show cause notice and without holding a departmental enquiry.

7. It is further argued that the termination order specifically attributes negligence in discharge of duties and alleged violation of Standard Operating Procedures during vaccination, which casts a stigma on the petitioner’s service record. Learned counsel submits that once the foundation of termination is an allegation of misconduct or negligence, the employer is bound to follow due process of law, irrespective of the contractual nature of employment.

8. Learned counsel submits that the petitioner had been continuously granted extensions from 2013 till 2024, which reflects satisfactory performance throughout her tenure. No adverse action was taken against the petitioner prior to the incident dated 03.05.2023,