GHANSHYAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dtd. 28/10/2013, passed by the respondent No.3/National Rural Health Mission, Bhopal whereby the petitioner's services have been terminated on the ground of his having committed financial irregularities.

(2.) In brief, the facts of the case are that the petitioner was initially appointed on contractual basis vide order dtd. 18/12/2006, on the post of District Accounts Manager in National Rural Health Mission. The contract was initially for a period of 2 years, however, subsequently it was extended from time to time and lastly, it was extended vide order dtd. 21/06/2013 till 31/03/2014. While the petitioner was posted at Jhabua, certain complaints about his financial irregularities were brought to the notice of the authority and thus a show cause notice dtd. 01/10/2013 was issued to the petitioner by the respondent No.6/Chief Medical and Health Officer, District Jhabua. The reply of which was also given by the petitioner on 17/10/2013, and thereafter another notice was issued to the petitioner on 03/10/2013 and its reply was also given by the petitioner on 25/10/2013, however, the reply filed by the petitioner was found to be not satisfactory and thus, his services were done away with vide order dtd. 28/10/2013.

(3.) Learned counsel for the petitioner has submitted that the order dtd. 28/10/2013 is a cryptic order and has been passed without conducting any inquiry in the matter and only on the basis of the replies filed by the petitioner, the order has been passed and that too is without assigning any reason at all. Counsel has also submitted that the petitioner was appointed after due process and thus, he could not have been removed in such unceremonious manner.