Mrinal Kanti Sarkar vs The State Of Assam And 2 Ors
2023 Latest Caselaw 4649 Gua

                                                                   Page No.# 1/3

GAHC010254502023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/6627/2023

            MRINAL KANTI SARKAR
            S/O LATE BIMAL CHANDRA SARKAR, R/O VILL-GAURIPUR, WARD NO. 1,
            P.S.-GAURIPUR, DIST-DHUBRI



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
            ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI-
            781006

            2:THE COMMISSIONER TO THE GOVERNMENT OF ASSAM
             PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
             PANJABARI
             GUWAHATI-781037

            3:THE CHIEF EXECUTIVE OFFICER
             DHUBRI ZILLA PARISHAD
             DHUBR

Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : SC, P AND R.D.
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                                BEFORE
                 HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                     ORDER

17.11.2023 Heard Mr. R.M. Deka, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel, P&R Department.

This writ petition is filed by the petitioner being aggrieved by the termination order dated 15.08.2023 issued by the Commissioner, Panchayat and Rural Development, Assam whereby the services of the petitioner was terminated. The petitioner was engaged initially as a contract under the Contract Employment as Additional District Project Manager. This contract agreement was entered on 20.03.2013 which was initially for a period of one year. Subsequently, the services of the petitioner was extended from time to time, however, no specific orders were issued by the competent authority extending the services.

The learned counsel for the petitioner submits that this order of termination is stigmatic and is violative of the principles of natural justice. No notice was issued. No opportunity was granted. The petitioner to defend his case before issuance of termination order. He refers to an order of the Co- ordinate Bench of this Court passed on 01.06.2023 in W.P(C) No 1785/2022 and other connected writ petitions.

Mr. S. Dutta, learned Standing Counsel P&RD submits that the petitioner is a contract employee and he was terminated because of his involvement of in criminal activities. As a contract employee, no notice is required to be issued and he is bound by the terms of the contract. Mr. Dutta further submits that the order dated 01.06.2023 passed in W.P(C) No. 1785 by the Co-ordinate Bench of Page No.# 3/3

this Court was per incuriam several order and Judgments of the Apex Court as well as this Court. He however, craves leave this Court to refer to those Judgments on the next date fixed.

Accordingly let the matter be listed again on 22.11.2023 enabling the learned Standing Counsel to complete his instructions in the matter.

Extra copies be furnished to the learned Standing Counsel within the course of this week

Interim order, if any will be considered on the next date fixed.

JUDGE

Comparing Assistant