RAJESH KUMAR GAUTAM Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-2-56
HIGH COURT OF MADHYA PRADESH
Decided on February 11,2021

RAJESH KUMAR GAUTAM Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

V.K.SHUKLA,J. - (1.) The present intra court appeal is filed under Section 2(1) of M.P. Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005, being aggrieved by the order dated 04-02-2020 passed by the learned Single Judge in W.P. No.2536/2020 ( Rajesh Kumar Gautam Vs. State of M.P. and others), whereby the writ petition filed by the appellant/petitioner has been dismissed.
(2.) The petitioner challenged the order dated 17-01-2020 whereby the contract service of the petitioner have been terminated on the ground that a criminal case has been registered against him and the challan has been filed. The said order was challenged on the ground that in view of the terms and conditions of the order of appointment (Annexure R-2), wherein it is categorically mentioned that before terminating the contract, prior notice is required to be given to the employee concerned. However, the requirement has not been fulfilled and as such, the impugned order is liable to be set aside as the same has been issued in violation of principle of natural justice. Learned Single Judge dismissed the writ petition relying on a judgment passed by this court in W.P.No.24864/2019 (Brijesh Kumar Patel Vs. State of M.P. and others), in which it is clearly held that in such a circumstance where no prejudice is caused to the petitioner, the principle of natural justice is not required to be followed and if the same is done, the order does not suffer from the said illegality and can be held illegal.
(3.) The facts of the present case, in short, are that the appellant/petitioner was appointed as Gram Rojgar Sahayak by order dated 21-03-2013 in Gram Panchayat Pachokher, Janpad Panchayat Rampur Naikin, District Sidhi. On the night intervening 15-16/12/2016, a theft was committed in the office Panchayat Bhawan, Gram Panchayat Pachokher and the computer monitor set, printer, battery, CPU, LCD 36 inch, inter wire 4 numbers, 1 mouse, Key Board, 4 table, 25 chairs , 3 Almirah, carpet, petromax 4 in number, Cassette of computer, 1 Laptop, Net Shelter, DDS and all registers, BPL list and toilet lists, attendance register etc. were stolen. The report in this regard was lodged with police station on 18-12-2016 by the Sarpanch, Secretary of the Gram Panchayat and Gram Rojgar Sahayak of the Gram Panchayat. The matter was investigated by the police. Sarpanch, Secretary and the petitioner got anticipatory bail from this Hon'ble Court on 17-09-2018. The police after investigation has filed the charge sheet and the trial in the court of the learned Sessions Judge, Sidhi is pending. Respondent no.5 issued an order on 17-01-2020 terminating the contract services of the appellant/petitioner with immediate effect on the ground that the charge sheet against the petitioner under Sections 409,182, 211, 201 and 34 of IPC has been filed. It is stated in the order that as per the circular dated 02-11-2019, issued by the respondent no.1, when a charge sheet against an individual relating to the corruption and other moral turpitude is filed before a court with due approval of the competent authority, the services of the individual are liable to be terminated. The Enquiry Committee constituted vide letter dated 07-01-2020 under the circular dated 02-11-2019 had submitted its recommendation/report and in the light of the same, the action against the appellant/petitioner was proposed.;


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