The Chhattisgarh High Court quashes stigmatic order of termination passed without following principles of natural justice

The petitioner challenged the order of termination passed by the employer i.e. respondent. The petitioner was served a show cause notice outlining his failure to increase the number of labourers in the gram panchayat despite the order from the superiors. It was also alleged against the petitioner that he did not work properly nor was he of a good character, this contention was based on the complaint filed by female Panch and Sarpanchs against the petitioner. To look into the issue, an investigation committee was constituted. However, the petitioner was not given the complaints copy filed by the female Panch and Sarpanchs nor was he given the report of the investigation committee. The said investigation was done behind the back of the petitioner. Another, show cause notice was served on petitioner for not meeting the targets, later he was terminated from service without extending him an opportunity of being heard and without any factual inquiry. It was argued by the respondent that the petitioner was appointed on a contractual basis and there is no need to give an opportunity of hearing as mentioned in the appointment order itself. The court in this W.P.(S) No. 8212 of 2023, held that the order is stigmatic as it shows petitioner was reluctant to perform his duty and he disobeyed the instructions of the respondent. Further, the charges against the petitioner were not proved. Such stigmatic orders cannot be passed without holding a proper enquiry. The petition was allowed, and the petitioner was made entitled to all benefits following the quashing of the impugned order. However, liberty is reserved to the respondent authorities to hold proper enquiry, if so advised.