The Allahabad High Court while disposing the petition said that though in matters of contract employment rules of natural justice are not strictly adhered to but when it comes to dispense with the services of petitioner on the ground of misconduct, at least she deserved a show cause notice.
A Single Bench of Justice Ajit Kumar passed this order while hearing a petition filed by Sangita.
As per the instructions, the Court noted that after a long absence when the petitioner stood transferred from Primary Health Centre, Kashi Vidhyapith, Varanasi to Primary Health Centre, Harahua, Varanasi on 21st July, 2022, petitioner could report only on 11th November, 2022 and condoning the absence she was paid salary in December, 2022, however, she again proceeded on leave without any prior information/ permission and reported back at the centre only on 3rd February, 2023 when she made an application that for certain economic reasons, family problems and health issues, she could not report for duty.
This letter does not mention any document that can be referable to the medical treatment that petitioner might have undergone, however, the Court further noted that the Committee headed by District Magistrate proceeded to dispense with the services of the petitioner/ contract employment of the petitioner on 11th March, 2023 and a consequential order was passed by the Chief Medical Officer on 14th March, 2023.
Both from the minutes of the meeting of Committee as well as order of Chief Medical Officer it clearly transpires that neither petitioner was served with any show cause notice at any point of time of the proposed action, nor even the order dispensing with her contract employment got served upon petitioner, the Court also noted.
“This action, in my considered view, is not tenable for being in violation of the principle of natural justice. Though in matters of contract employment rules of natural justice are not strictly adhered to but when it comes to dispense with the services of petitioner on the ground of misconduct, at least she deserved a show cause notice. The doctrine of legitimate expectation also requires that when a person is continued in employment for 6 to 7 years on contract basis he/ she at least deserves to know the reasons for which his conduct of employment is being rescinded”, the Court observed while disposing the petition.
In view of the above, the resolution dated 11th March, 2023 passed by the Committee headed by the District Magistrate and the order dated 14th March, 2023 passed by the Chief Medical Officer are liable to be held as documents not sustainable. Since these documents have been placed before the Court along with instructions that have been taken on record, I take judicial notice thereof, the Court said.
Accordingly, the Court quashed the order dated 11th March, 2023 and order passed by the Chief Medical officer dated 14th March, 2023.
The petitioner’s stands, restored with all consequential benefits, however, the Court provided that petitioner would be served with a show cause notice afresh within three weeks to which she will be submitting reply within a further period of one week and thereafter the Committee constituted shall proceed to examine the matter and adopt appropriate resolution accordingly within a further period of two weeks.
It is made clear that while taking decision, the Committee shall strictly adhere to the Circular letters and policy framed guiding service conditions of such employees, the Court ordered.
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