- (1.) The petitioner has approached this Court seeking quashing of order dated 25.3.2006 passed by the Civil Surgeon cumChief Medical Officer, Giridih whereby the petitioner was communicated that his services would be terminated w.e.f. 25.05.2006.
(2.) The brief facts of the case are that, the petitioner was appointed on contractual basis as Assistant Medical Officer for a period of two years. An agreement was signed on 14th June, 2005 with the petitioner wherein it was provided that the said agreement would remain in force between the period 14.06.2005 to 13.06.2007. It was also provided in the said agreement that the appointment was purely temporary and in case, the service of the petitioner is found not satisfactory, it would be terminated by a prior notice of two months. By order dated 25th March 2006, the petitioner was intimated that the agreement would be terminated w.e.f. 25.5.2006 and consequently his services also would be terminated from the said date. It was also communicated that between the period 25.3.2006 to 25.5.2006, the petitioner would be entitled for salary etc. provided, his service/conduct would be in accordance with the rules. Challenging the communication dated 25.3.2006, the petitioner has approached this Court.
(3.) A counter affidavit has been filed taking a plea that the service of the petitioner was purely contractual. It was provided in the agreement between the parties that the service was liable to be terminated by giving a two months' prior notice. In terms of Clause 7 of the agreement, the notice dated 25.3.2006 was given to the petitioner. Since the appointment of the petitioner was contractual, there was no need of initiating any departmental proceeding and the service of the petitioners has been terminated in terms of the agreement dated 14.6.2005.;