HAMIDA BEGUM Vs. STATE OF C.G

JUDGEMENT

(1.) THIS writ appeal is directed against the impugned order dated 26.3.2009 passed in W.P. (s) No. 3343/08 whereby the learned Single Judge has dismissed the writ petition filed by the Petitioner/Appellant herein.

(2.) CASE of the Appellant before the writ court was that the Petitioner was appointed as 'Peon' on daily wages in the Municipal Council, Mahasamund on 1.7.1980. She served for a continuous period of 28 years as daily wager till she was removed from her post vide order dated 20.5.2008 by the Municipal Council, Mahasamund. The State Government has issued a circular dated 5.3.2008 for regularization of the daily rated employees who are working before 31.12.1988. As per circular dated 5.3.2008 the Petitioner was entitled to be considered for regularization of her service, however, in order to deprive the Petitioner from the benefits of that circular, she has been removed from her post on the flimsy grounds. The impugned order is stigmatic as it mentions that the Petitioner is apathetic and negligent towards her duties and she misbehaved with the employees and officers. However, the said order has been passed without following the principles of natural justice and without affording any opportunity of hearing to the Petitioner.

(3.) ON the other hand, Mr. Agarwal, learned Counsel for the Respondent Municipal Council submitted that terming the employee apathetic and negligent towards the duty and complaint of misbehave with the employees and officers, per se, could not be construed stigmatic. There were complaints from the staff against the Appellant, the Appellant herself tendered written apology for her behaviour and in these circumstances, her termination from the post has been rightly upheld as the Appellant did not have any right to continue on the post. Reliance is placed on the judgments in the matters of Abhijit Gupta v. S.N.B. National Centre, Basic Science and Ors. : (2006) 4 SCC 469.