PARTIES NAME RAKESH KUMAR YADAV Vs. STATE OF M. P.
HIGH COURT OF MADHYA PRADESH
Parties Name Rakesh Kumar Yadav
STATE OF M. P.
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Prakash Shrivastava,J. -
(1.) By this petition, the petitioner has challenged the order dated 24.01.2019 whereby the CEO Janpad Panchayat has terminated the petitioner's services as Contract Gram Rojgar Sahayak. The petitioner has also challenged the order dated 28.02.2019 whereby the CEO and Additional District Programme Coordinator, Janpad Panchayat, Rewa has dismissed the appeal and order dated 04.11.2020 passed by the Commissioner dismissing the second appeal.
(2.) The brief facts are that the petitioner was appointed as Gram Rojgar Sahayak on contract vide order dated 31.10.2014 and contract of appointment was also executed. Against the petitioner, offence under Section 328, 34 of the IPC in Crime No.477/2017 in Police Station Mauganj was registered and the petitioner was granted bail by order dated 06.02.2019 and thereafter his services were terminated by order dated 28.02.2019. The termination has been affirmed in the appeal.
(3.) Learned counsel appearing for the petitioner submits that the petitioner is a contract employee, therefore, his services will be governed by the contract of appointment and not by the circulars issued by the State from time to time. He further submitted that the impugned order has been passed without application of mind on incorrect premises and the principles of natural justice have been violated and in similar circumstances, the Coordinate Bench has allowed WP No.6562/2019 (Smt. Neelam Pandey vs. State of M.P.) by the order dated 29.1.2020, WP No.10491/2017 (Jintendra Singh Parmar Vs. State of M.P.) by order dated 25.07.2017, WP No.20536/2017 (Pratima Aathnere vs. State of M.P.) by order dated 04.12.2017 and WP No.12831/2019 (Brajesh Kumar Verma vs. State of M.P). by order dated 20.09.2019.;
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