The single judge bench of the Andhra Pradesh High Court held that if an order is founded on allegations, the order is stigmatic and punitive, and the services of an employee cannot be dispensed without allowing him to defend the accusations/allegations. Even an employee on a contract cannot be terminated without allowing a hearing.
Brief Facts:
The factual matrix of the case is that the Petitioner was working as a Contract Residential Teacher (CRT) (Telugu). There was agreement between the Petitioner and the 7th Respondent and the same was renewed every year. Furthermore, the services of the Petitioner were terminated on the ground that the Petitioner sent What’s App messages to other group members i.e., staff working in Kasturba Gandhi Balika Vidyalaya and demanded bribes of Rs.2,80,000/- for regularization of the salaries under the Minimum Time Scale. The impugned order is challenged herein by way of filing a writ petition.
Contentions of the Petitioner:
The Petitioner submitted that no inquiry was conducted before the cancellation of the contract. It was furthermore submitted that the Respondents violated the principles of natural justice.
Contentions of the Respondent:
The Respondent submitted that the Petitioner demanded the amount from staff by sending WhatsApp messages and a case is also registered on the file of the Anakapalli Town police Station against the Petitioner. It was furthermore submitted that the respondent authorities terminated her services in terms of a Clause contained in the contract.
Observations of the court:
The Hon’ble Court observed that as per the Respondents, the services of the Petitioner were terminated on the grounds of misconduct and cheating of co-teachers. Such allegations cause stigma on the Petitioner and would hamper the future prosperity of the Petitioner.
The court furthermore observed that even in the case of a contract employee, whenever service is terminated by stigmatizing the employee, the authority shall follow the principles of natural justice.
The court relied upon the judgment titled Director General of Police & Ors. Vs. Mrityunjoy Sarkar & Ors., K.C. Joshi vs. Union of India & Ors, Mangal Singh vs. chairman, National Research Development Corporation & Ors, and Faheen vs. University of Kashmir & Ors.
The court noted that in the instant case, no opportunity for a hearing is afforded to the petitioner, therefore, the principles of natural justice are violated.
Based on these considerations, the court set aside the impugned order.
The decision of the court:
With the above direction, the court allowed the writ petition.
Case Title: S B T S Devi V. The State Of Andhra Pradesh and Others
Coram: Hon’ble Mr. Justice Subba Reddy Satti
Case No.: Writ Petition No: 6396 of 2024
Read Judgment @Latestlaws.com
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