ANANT KUMAR GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) We have heard the learned counsel for the appellant.

(2.) The petitioner-appellant was contractually appointed for a fixed period. Before the expiry of that period, misconduct was alleged against him and he was given a show cause notice. His reply to the notice was considered and his contractual appointment was terminated. THE appellant challenged the termination before the learned Single Judge alleging that such termination was not possible without holding a regular full fledged departmental enquiry. THE learned Single Judge repelled the contention and dismissed the writ petition in limine.

(3.) In a nutshell the departmental enquiry becomes necessary only if service rules so provide and not otherwise. However, it cannot be disputed that if the termination is stigmatic, even in case of a contractual employment, the rules of natural justice and fair play are not to be observed.