MAHENDRA KUMAR GUPTA Vs. STATE OF MP

JUDGEMENT

(1.) IN this writ petition, the petitioner has assailed the order, Annexure P-1 dated 7.7.2011, whereby his services are terminated by Chief Executive Officer (CEO), Janpad Panchayat, Pichhor.

(2.) BRIEF facts necessary for adjudication of this matter are as under:- The petitioner was appointed as Village Employment Assistant. The petitioner submitted his candidature for the said post by Annexure P-3. After selection, the order dated 14.12.2010 (Annexure P-4) was issued appointing the petitioner on the said post on contract basis. The petitioner joined his services and undertaken the training organized by the department. Training Certificates are filed as Annexure P-6. A complaint was made against the petitioner and consequent upon that the respondent No.3 issued a letter dated 25.6.2011 directing the petitioner to submit original mark sheet of sixth semester of BCA course. Thereafter, it is stated that the petitioner's services are terminated without any show cause and without providing any opportunity of hearing.

(3.) PER Contra, Smt. Patankar, learned Government Advocate, supported the action. Shri D.S.Raghuvanshi and Shri T.C.Narvariya, learned counsel appearing for the respondents No.3 and 4, respectively, also supported the order passed by the authority below. Reliance is placed on Annexure R-3(1) dated 28.4.2011, whereby the petitioner was directed to produce the mark sheets. The petitioner's letter dated 2.5.2011 (Annexure R-3(2)) is shown to submit that the petitioner was afforded with the opportunity. By relying on this document, it is stated that as per petitioner's own stand, it is clear that he had deposited mark sheets of three semesters and had undertaken to deposit mark sheets of remaining three semesters after getting it from the University. It is argued that this itself shows that petitioner did not possess the qualification of BCA. The petitioner's reply dated 23.6.11 and 4.7.11 are also shown wherein the petitioner has taken the same stand. By placing reliance on the final select list, Annexure R-3(4), it is demonstrated that the selection committee had awarded maximum 20 marks to the petitioner under the head of BCA whereas admittedly, the petitioner has not completed BCA. By placing reliance on Annexure R-3(6) it is stated that the CEO, Jila Panchayat, Shivpuri requested the CEO, Janpad Panchayat, Pichhor to terminate the services of the petitioner. In turn, the impugned decision was taken which is in consonance with the terms of the contract.