Kamal Kishor Yadav Vs State Of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Kamal Kishor Yadav Vs State Of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed to the extent indicated: impugned termination order dated 05.07.2016 (Annexure P/1) set aside; matter remitted to the competent authority to pass a fresh order after serving notice and affording due opportunity of hearing; reinstatement to be considered by the competent authority as per law looking to administrative exigency such as availability of posts; no costs.

Issue for consideration

Whether the termination of the petitioner's services without any notice to improve his work performance and without show-cause notice or opportunity of hearing violates the principles of natural justice, rendering the impugned order dated 05.07.2016 liable to be set aside. +1 more

Court's answer

Although the petitioner was admittedly working as part time sweeper, no notice was issued to him to improve his work performance and no show-cause notice was served on him before terminating his services vide the impugned order dated 05.07.2016; the termination is therefore in the teeth of the principles of natural justice.

Ratio / Principle

The impugned order dated 05.07.2016 (Annexure P/1) is set aside and the matter is remitted to the competent authority to consider the case of the petitioner afresh by passing a new order after serving notice to the petitioner and affording him due opportunity of hearing.

Key takeaways

The question of reinstatement of the petitioner in service is left to be considered by the competent authority as per law, by passing a fresh order, after looking to the administrative exigency, like availability of posts etc.; it is not decided by this Court.ratio¶26

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Sanjay K. Agrawal, J.), WPS No. 3649 of 2016, decided 03.10.2024: Termination of a part-time sweeper of a Government Upper Primary School by order dated 05.07.2016, without issuing any notice to improve work performance and without serving any show-cause notice or affording an opportunity of hearing, was held to be in the teeth of the principles of natural justice. The impugned order was set aside and the matter remitted to the competent authority to reconsider the case and pass a fresh order after serving notice and affording due opportunity of hearing; the question of reinstatement was left to the competent authority to decide as per law in view of administrative exigency such as availability of posts. Petition allowed; no costs.

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2024:CGHC:39133

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3649 of 2016

1 - Kamal Kishor Yadav S/o Bholaram Yadav, Aged About 28 Years R/o Village Dharasiv, P.S. And Tah, Bilaigarh, Block Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh

---- Petitioner

versus

1 - State Of Chhattisgarh Through Secretary Education Department Mahanadi Bhawan New Raipur, Tah. And District Raipur Chhattisgarh,

2 - Gore Lal Aditya Head Mastar Govt. Upper Primary School Dharasiv, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh

3 - Ahilya Bai Shriwas, W/o Sarad Shriwas, R/o Village Dharasiv, P.S. And Tah, Bilaigarh, Block Bilaigarh, District Baloda Bazar, Bhatapara Chhattisgarh

4 - Block Education Officer, Block Bilaigarh, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh

---- Respondents

(Cause-title taken from the Case Information System)

For	Petitioner	:- Mr. Ravindra Sharma, Advocate
For	State	:- Mr.Vivek Mishra , Panel Lawyer
For	Responden	t
No.	3	:- Mr. R.K. Bhagat, Advocate on behalf of
		Mr. Vinay Pandey, Advocate

SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

03.10.2024

1. In this writ petition, the petitioner is challenging order dated 05.07.2016 (Annexure P/1), passed by respondent No.2, whereby the services of the petitioner has been terminated.

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2. The case of the petitioner is that the petitioner was appointed as part time sweeper in the Government Upper Primary School, Dharasiv, Baloda-bazar vide order dated 12.05.2011 (Annexure P/2). Thereafter, the services of the petitioner was terminated vide the impugned order dated 05.07.2016 (Annexure P/1) holding that despite repetitive warnings, he has not improved his work performance.

3. Learned counsel for the petitioner submits that the petitioner was not given any opportunity to improve his work performance, therefore, he could not improve. Thus, the services of the petitioner has been terminated without affording him due opportunity of hearing, which is in the teeth of principles of natural justice. As such, the impugned order is liable to be set aside.

4. On the other hand, learned State counsel and learned counsel for respondent No.3 would support the impugned order.

5. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the materials available on record with utmost circumspection.

6. In the case at hand, admittedly, the petitioner was working as part time sweeper in the Government Upper Primary

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School, Dharasiv, Baloda-bazar, however, no notice was issued to him to improve his work performance and also, no show-cause notice was served to him in this regard, before terminating his services vide the impugned order dated 05.07.2016, which is in the teeth of principles of natural justice.

7. In that view of the matter, the impugned order dated 05.07.2016 (Annexure P/1) is hereby set-aside and the matter is remitted to the competent authority to consider the case of the petitioner by passing a fresh order after serving notice to the petitioner and affording him due opportunity of hearing. The question of reinstatement of the petitioner in service will be considered by the competent authority as per law, by passing a fresh order, after looking to the administrative exigency, like availability of the posts etc.

8. Accordingly, this writ petition is allowed to the extent indicated herein-above. No cost(s).

Sd/- (Sanjay K. Agrawal) Judge

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