Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India wherein the following prayers have been made:- "(i) To quash and set aside the decision of respondent No.1 (NHAI) contained in Ref. No.NHAI/PIU/PD/RNC/NH33/LEC/1671 dated 23rd November 2017 (Annexure-4), whereby and whereunder, a direction was issued to replace this petitioner, the Team Leader, as the petitioner was not found suitable for the post of Team Leader. (ii) To also quash and set aside the decision of respondent No.2 contained in Letter No.LEC/CORP/2017/10637 dated 29th December 2017 (Annexure-6), whereby and whereunder, the service of the petitioner has been ordered to be discontinued with immediate effect on the basis of the instruction given by the employer NHAI."
(2.) The petitioner's grievance is that he has been appointed by one M/s Lion Engineering Consultants as Team Leader to look after the work to be executed by the National Highways Authority of India (in short NHAI) but the NHAI has issued a letter on 29th December, 2017 expressing displeasure about the performance of the work of the petitioner as Team Leader and held to be not suitable and communicated the said order to his appointing authority, in terms thereof, the decision has been taken by the employer of the petitioner namely, M/s Lion Engineering Consultants on 29th December, 2017 discontinuing the services of the petitioner with immediate effect against which the present writ petition has been filed.
(3.) The petitioner has assailed the aforesaid order merely on the ground that before communicating the decision dated 23rd November, 2017, the NHAI has not provided an opportunity of hearing to the petitioner, hence, discontinuation from service is against the principles of natural justice and therefore, the discontinuation be held to be unsustainable and may be quashed.;