Order

1. The instant writ petition has been filed with the following prayer:-

"It is, therefore, humbly prayed that this Hon'ble Court my graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction, may further be pleased to:-

(a) To quash and set aside the impugned order dated 27.02.2021 (Annexure-7) passed by the respondent No. 2;

(b) To direct the respondents to reinstate the petitioner with all consequential benefits;

(c) Any other order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may also be awarded in favour of the petitioner. "

2. Brief facts of the case are that the petitioner was appointed as District Accounts Manager under the NRHM and RCH Programme vide order dated 30.01.2006, followed by corrigendum dated 14.02.2006, on a contractual basis. Pursuant thereto, he joined his duties on 15.02.2006 and has since been discharging responsibilities relating to financial management, including maintenance of accounts and disbursement of funds, to the satisfaction of the authorities. His tenure was periodically extended, including most recently vide office order dated 31.03.2021. The performance of the petitioner has been duly appraised from time to time, including by the District Collector, Kota, vide appraisal dated 03.07.2020. However, an allegation under the Prevention of Corruption (Amendment) Act, 2018 was levelled against the petitioner, pursuant to which an FIR was registered and he was taken into custody. Subsequently, the petitioner was enlarged on bail by order dated 03.08.2021 passed by this Hon’ble Court. During the period of judicial custody, the services of the petitioner were terminated vide impugned order dated 27.07.2021 issued by respondent no. 2, purportedly invoking contractual provisions on the ground that affording an opportunity of hearing or conducting an enquiry was not feasible. It is pertinent that the termination was effected without adhering to principles of natural justice. Further, the competent authority (CMHO, Kota), who was to conduct the enquiry, is himself allegedly involved in the same matter and subject to investigation.

The petitioner thereafter sought information under the RTI Act, 2005, and was informed that a departmental enquiry was pending against him. The petitioner is thus seriously prejudiced by the arbitrary and illegal termination of his services without due process and has filed the present writ petition.

3. Learned counsel for the petitioner submits that the respondents entered into an agreement with the petitioner while affording the petitioner an appointment on the post of District Accounts Manager on contractual basis (Annexure-1). He further submits that the petitioner's services were satisfactory, however, by way of the order dated 27.07.2021 (Annexure-7), the services of the petitioner was terminated with immediate effect, while considering the petitioner’s act to be a misconduct mentioned in point 05 (i) of the agreement. He further submits that once the respondents have invoked Clause 5(i) of the agreement, they were required to hold an enquiry before terminating the service of the petitioner.

4. Learned counsel for the respondents submits that the petitioner remained in judicial custody since 30.04.2021 and in view of Clause 5(ii) of the agreement, the petitioner has been terminated from the service as he remained willfully absent from the duty for a period of 7 days. He further submits that the respondents have the authority in view of clause to terminate the service of the petitioner without any notice. He also submits that no enquiry has been initiated against the petitioner as the order impugned has been passed by invoking Sub-Clause ii of clause 5 of the contract.

5. I have heard the rival submission made by counsel for the parties and perused the material available on record.

6. Upon examination of the impugned order dated 27.07.2021