ASHOK MAHAJAN Vs. STATE OF M. P.
HIGH COURT OF MADHYA PRADESH
STATE OF M. P.
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Vivek Rusia,J. -
(1.) The petitioner has filed the present petition being aggrieved by the order dated 12/5/2020 passed by the Collector and District Programme Coordinator, MANREGA, Alirajpur, whereby his services have been discontinued. Facts of the case, in short, are as under :
(2.) That vide order dated 14/10/2010 the petitioner was appointed as Sub-Engineer on contract basis and posted at Sendhwa. After completion of 3 years of term in the Barwani District, he was transferred to Alirajpur in the year 2013 , where he worked till the day of the passing of the impugned order. According to the petitioner, his working was found satisfactory, therefore, from time to time the contract was extended by the Competent Authority. His work was appreciated by the Collector, Alirajpur as he achieved 100% labour employment in the year 2019-2020. Since he was diagnosed with a liver problem, he was advised to take rest. He applied for leave duly supported with the sickness certificate. Because of his serious said illness, he had to remain absent from the duties from 1/3/2020 to 15/3/2020 which was well within the knowledge of the Assistant Engineer. The petitioner received the impugned order dated 12/5/2020 whereby he has been terminated from the job. By this writ petition, The petitioner has assailed the impugned order mainly on the ground of violation of principles of natural justice. According to the petitioner, before passing the order of termination, no opportunity of hearing/show cause notice was given to him and, therefore, the order is bad in law and is liable to be set aside.
(3.) In support of his contention, learned counsel for the petitioner has placed reliance upon the judgment delivered by this Court in the case of Harendra Singh Jasona Vs. State of M.P. (W.P.No. 648/2015 decided on 12/8/2016) in which similar type of order of termination of a contract employee has been set aside by placing reliance upon the judgment delivered by the apex Court in the case of Whirlpool Corporation Vs. Registrar of Trade Marks , 1998 8 SCC 1.;
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