RAJASEKHAR MANTHA,J. - (1.) The writ petitioner was appointed on contractual basis as 'Project Scientist' under Institute of Wetland Management and Ecological Design (IWMED) that was subsequently renamed as Institute of Environmental Studies and Wetland Management. The initial appointment was made on November 24, 1995. On September 30, 2010, the writ petitioner was appointed as Geologist cum Remote Sensing Specialist on a contractual basis under the SPMU, ICZM Project, West Bengal in its State Project Management Unit. The Project was stated to be funded by the World Bank. The terms and conditions of her engagement and her appointment were recorded in writing. The relevant terms are set out hereinbelow:- 1. Your consolidated salary would be Rs. 40,000(Rupees forty thousands) only fixed per month. There may be annual increment by Rs. 4000/- (Rupees four thousand) only per annum subject to your satisfactory performance and commitment towards execution of the project. 2. The project is of five years duration. It is expected that you will be working in mission mode. You may have to work on Saturdays, Sundays, holidays and beyond office hours, if necessary in the interest of the project. 3. The appointment is purely on contract basis and you would be entitled to any claims right, interests or further claims for any job or further appointments. The World Bank/Ministry of Environment and Forests, Government of India/State Project Management Unit/Government of West Bengal and/or Institute of Environmental Studies and Wetland Management(IESWM) has no obligation to extent the appointment after the project is over under any circumstances . 4.... 5.... 6.... 7. You would be required to carry out the assignment in accordance with the highest standard of professional and ethical competence and integrity, having due regards to the nature and purpose of the assignment and will conduct yourself in a manner consistent herewith. 8.... 9.... 10... 11. Notwithstanding anything contained herein above, your services may be terminated at any time by the competent authority of the SPMU if you are found to be guilty of any insubordination, intemperance or other misconduct or of breach or non-performance. 12. The service would be terminated by giving one month written notice or one month's remuneration in lieu of notice by either side.
(2.) The Director of said project joined some time thereafter. The writ petitioner is stated to have, made a complaint sexual harassment in course of work against the Director.
(3.) A number of complaints were stated to have been received by the employer against the writ petitioner. A show cause notice dated September 29, 2014 was issued to her. No charge-sheet highlighting specific charges or instances of such misconduct or insubordination had been admittedly issued to the writ petitioner. Witnesses are stated to have been examined without the knowledge of the petitioner. She could obviously cross-examine any such witnesses. An enquiry report dated March 4, 2014 was prepared. In the Enquiry report it was informed that the writ petitioner that the actions complained of against her amounted to misconduct and insubordination.;