Appeal against termination of a temporary employee on expiry of term. Court held service terminated by afflux of time and Article 311 inapplicable. Appeal dismissed.
The Letters Patent Appeal filed challenging the termination of service by efflux of time was dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.677 of 2011
In
Civil Writ Jurisdiction Case No. 7671 of 2010
====================================================== Smt. Priyadarshika Vanita W/o Sri Rajkumar Singh Resident of S.K. 54, K. Sector, Kankarbagh, P.S.-Patrakar Nagar, District-Patna
.... .... Petitioner-Appellant Versus
.... .... Respondents-Respondents ====================================================== Appearance : For the Appellant : Mr. Sanjay Singh, Advocate Mr. Abhinay Raj, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
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Feeling aggrieved by the judgment and order dated 24th February 2011 passed by the learned single Judge in C.W.J.C. No. 7671 of 2010, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.
The appellant was temporarily engaged for a period of one year by the Bihar Education Project Council (hereinafter referred to as ‘the Council’) as an Accountant on 22nd December 1997 on the terms and conditions mentioned in the order of appointment. The appointment was, inter alia, made on consolidated pay of Rs.2800.00; was terminable at any time before the expiry of the period of appointment by giving notice of one month or by paying the wages for one month in lieu of notice and that the appellant would be governed by the service regulations of the Council. It appears that the said temporary appointment was continued by subsequent orders up to 2006. In 2007, by order dated 26th March 2007, the said appointment was renewed for a further period of three years from 22nd May 2006 i.e. up to 21st May 2009.
It is the claim of the appellant that for certain financial irregularities allegedly committed by the appellant, by order dated 15th April 2006, she was suspended from service. A first information report was also lodged against her and a disciplinary proceeding was also initiated against the appellant. However, till date no charge-sheet has been filed in the criminal court nor the disciplinary proceeding has proceeded further. The said order of suspension was challenged by the appellant before this Court in C.W.J.C. No. 12020 of 2009. This Court (Coram: Mr. Justice V.N. Sinha) directed the Council to consider the request of the appellant to revoke the order of suspension; in the
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event decision were not taken, the order of suspension would stand revoked on expiry of the time specified. Accordingly, the order of suspension was revoked on 16th October 2009. After revocation of the order of suspension the appellant worked as Accountant till her service was terminated under order dated 12th April 2010 effective from 11th May 2010. The challenge to the aforesaid order of discharge from service made under Clause 15(a) of the Bihar Education Project Service Regulations before the learned single Judge has failed. Therefore, this Appeal.
Learned counsel Mr. Sanjay Singh has appeared for the appellant. He has submitted that the appellant was indeed governed by the Bihar Education Project Service Regulations. Regulation 15(a) does enable the Council to terminate the service of a temporary employee by giving him a notice of one month or by paying one month’s salary in lieu of notice. However, in the present case evidently the order of discharge was a punitive order. The fact that the appellant had been placed under suspension; a disciplinary proceeding had been initiated against her; and a criminal complaint has been lodged against her is sufficient proof to hold that the impugned order dated 12th April 2010 is not an order of discharge simplicitor but is a punitive order. Such order is not sustainable. In support thereof he has relied upon the judgment of the Hon’ble Supreme Court in the matter of A.P.State Federation of Co-Op. Spinning Mills Ltd. and another v. P.V.Swaminathan, {(2001) 10 SCC 83}.
We may note here that the ordinary law of service jurisprudence of punitive discharge would not apply to the facts of the present case. First; the appointment of the appellant was made up to 21st May 2009. There was no renewal of her
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appointment since 21st May 2009. In that view of the matter her service stood terminated by afflux of time. She could not have continued in service after 21st May 2009. Second; the appellant, not being a civil servant of the State, is not protected by Article 311 of the Constitution. The order of her discharge from service is inconsonance with the terms and conditions of her service.
No case for interference is made out. Appeal is dismissed in limine.
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J)
Pawan/-
3 issues framed by the court
Whether the impugned order dismissing a temporary employee counts as a punitive discharge attracting higher scrutiny.
Whether Article 311 of the Constitution protects a non-civil servant temporary employee from termination.
Whether an employee terminated by expiry of a fixed-term appointment is entitled to a discharge under service regulations.
Colour shows how this judgement treated each authority
A.P. State Federation of Co-Op. Spinning Mills Ltd. and another v. P.V. Swaminathan, (2001) 10 SCC 83Referred¶29
Smt. Priyadarshika Vanita
The State of Bihar
The Principal Secretary, Human Resources Department, Govt. of Bihar
State Project Director, Bihar Education Project Council
Programme Officer, Bihar Education Project Council
The State Education Project Council
R.M. Doshit
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
