Case Note & Summary
The dispute involved two petitioners who were contractual employees appointed under the MGNREGA scheme by the respondent authorities. Petitioner No.1's services were terminated on 05.12.2015 due to unsatisfactory work and negligence, while petitioner No.2's services were terminated on 10.02.2016 for prolonged unauthorized absence. The petitioners filed a writ petition in 2019 under Article 226 of the Constitution of India seeking reinstatement, contending that the termination orders were stigmatic and violated principles of natural justice as no departmental inquiry was conducted. The respondents argued that the petitioners were contractual employees whose termination was based on breach of contract terms, with petitioner No.1 having received two show-cause notices which he did not reply to. The court analyzed the facts and found that petitioner No.1 had been given reasonable opportunity through show-cause notices, thus observing natural justice. Regarding petitioner No.2, the court found his prolonged absence constituted breach of contract terms. The court held that the termination orders were not stigmatic and were justified based on contractual breaches. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Contractual Employment Termination - Natural Justice Compliance - MGNAREGA Scheme - Petitioners were contractual employees terminated for unsatisfactory work and absenteeism - Court found petitioner No.1 received two show-cause notices but did not reply, thus principles of natural justice were observed - Held that termination was justified as reasonable opportunity was given (Paras 8-10). B) Service Law - Contractual Employment Termination - Stigmatic Orders - MGNAREGA Scheme - Petitioners argued termination orders were stigmatic requiring inquiry - Court examined termination orders and found they were based on breach of contract terms, not stigmatic - Held that termination for breach of contractual conditions does not require departmental inquiry when natural justice is observed (Paras 11-12).
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Issue of Consideration: Whether the termination of contractual employees under MGNREGA scheme without departmental inquiry violated principles of natural justice and whether the termination orders were stigmatic
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Final Decision
Petition dismissed. Rule discharged. No order as to costs.
