Anil Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 8536 MP

                                  1                               WA-1199-2021
    THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH,
                       AT JABALPUR
                            (DIVISION BENCH)
                            WA No. 1199 of 2021

ANIL PATEL                                                        .....Appellant
                                      Versus
THE STATE OF MADHYA PRADESH AND OTHERS                        .....Respondents

Coram :
             Hon'ble Shri Justice Ravi Malimath, Chief Justice
             Hon'ble Shri Justice Vijay Kumar Shukla
Presence
:
             Shri Ramesh Kumar Tiwari, learned counsel for the appellant.
             Shri Darshan Soni, learned Government Advocate for the
             respondent/State.
                             JUDGMENT (Oral)

(09-12-2021) Per: Ravi Malimath, Chief Justice The case of the petitioner is that initially he was appointed on contract in the year 2018 for a period of two years. Thereafter, the same was continued time and again and he is presently working on contract. By virtue of the impugned order he was terminated from services on the ground that the Lokayukt registered a case against him in Crime No.385/2015 under Sections

7, 13 (1) (d) & 13 (2) of Prevention of Corruption Act, 1988. The charge- sheet has also been filed. Questioning the same, the instant writ petition was filed on the ground that in terms of the norms of the Contract, unless for a period of one month's notice is given, the contract could not be terminated.

Learned Single Judge while relying on the Government Notification, dated 21.02.2018 held that it is not required and accordingly dismissed the writ petition.

Learned counsel for the petitioner contends that in similar circumstances, the learned Single Judge of this Court in the order dated 30.07.2018 passed in W.P.No.16864 of 2018 stayed the order of termination while granting liberty to the respondents therein, to follow the provisions of law after providing reasonable opportunity of hearing to the petitioner.

2 WA-1199-2021 On considering the reasons assigned, we are of the view that the same relief was required to be granted to the petitioner herein. Irrespective of the contentions being advanced, a one month's notice is to be issued to the respondents. Since the same has been violated, the impugned order of the termination, in our considered view, would not survive for consideration.

Consequently, the writ appeal is allowed.

The order passed by the learned Single Judge dated 12.11.2021 in W.P.No.24692 of 2021 is set aside.

The writ petition is allowed.

The order of termination dated 03.11.2021 is set aside. Liberty is granted to the respondents to take appropriate action against the petitioner after following the conditions in the contract by giving one month's notice before termination etc. The appellant is therefore, permitted to continue in services till then. Pending applications, if any, are also disposed off.

                                            (RAVI MALIMATH)                                (VIJAY KUMAR SHUKLA)
                                              CHIEF JUSTICE                                        JUDGE

                                      anu




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Date: 2021.12.11 10:43:44 IST