- (1.) Heard learned counsel for the parties.
(2.) Petitioner was under contractual engagement as Rojgar Sewak in the district of Deoghar having been appointed through Annexure-1 in March, 2008. It appears that he served in Jamuasol Panchayat, Sarath Block of the district Deoghar from where he was transferred vide Annexure-2 and 3 to Pathardha Panchayat. Annexure-2 is dated 21.09.2012, Annexure-3 dated 15.10.2012 was issued by the Block Development Officer, Sarath. His services have been terminated vide impugned order at Annexure-5 bearing memo no. 212 dated 06.02.2013 passed by the Deputy Commissioner-cum-District Programme Coordinator, Deoghar on the ground that he has been found lacking in diligence in execution of MNREGA work in Sarath Block, as per the report of the Block Development Officer, Sarath contained in letter dated 18.12.2012.
(3.) Learned counsel for the petitioner submits that after issuance of show cause notice upon him for unauthorized absence on 02.02.2013 by the Deputy Development Commissioner, Deoghar, Annexure-4 to which he was supposed to respond by 08.02.2013, the order of termination has been passed even before that day on 06.02.2013 itself without taking into account any explanation on his part. It is submitted that therefore, principles of natural justice have been violated. He also submits that Block Development Officer is not the competent authority to issue any show cause notice upon him as has been made out through Annexure -C series to the counter affidavit. It is further submitted that he has been transferred to Pathardha Panchayat only on 15.10.2012 and within three and half months only, he has been held to be lacking in diligence in execution of his work without giving him sufficient time to show his performance in the said panchayat. Therefore, the impugned order is wholly arbitrary and in violation of the principles of natural justice and should be quashed.;