STATE OF MADHYA PRADESH Vs. MITHUN CHOUHAN

JUDGEMENT

(1.) Heard on the question of admission. The present writ appeal u/S 2(1) of the Madhya Pradesh Ucha Nyayalaya (Khand Nayaypith Ko Appeal) Adhiniyam, 2005 has been filed assailing the order dtd. 22/8/2024 passed in W.P. No. 18523/2019 whereby the learned Single Judge has allowed the writ petition.

(2.) Brief facts giving rise to present intra Court appeal are that respondent was appointed as Gram Rozgar Sahayak in Gram Panchayat, Nalchha under the National Rural Employment Guarantee Scheme. In the appointment order dtd. 12/2/2013 a specific condition No.6 was mentioned that " If the Gram Rojgar Sahayak appointed on contract basis remains absent from duty for more than one month without any specific reason and without informing, then the appointment will be considered automatically terminated". From 21/2/2017, the respondent was absent from duty without any intimation to the competent authority, the Chief Executive Officer has terminated the contractual appointment of respondent on two ground; firstly that on the date of inspection i.e. 21/2/2017 he was absent from duties without any prior intimation and secondly that he is negligent in discharging the duties. Thereafter, show cause notice dtd. 13/1/2017 was issued to the respondent and it was delivered in his house and since no reply was filed, therefore, vide order dtd. 25/2/2017, he has been terminated from the services by holding that the his work was not found satisfactory. Being aggrieved by the termination order, an appeal preferred by the respondent before the Commissioner has been dismissed vide order dtd. 10/7/2019. Thereafter, the respondent has approached this Court by filing writ petition which was allowed by the learned Single Judge. Hence, the present intra Court appeal is filed.

(3.) Learned counsel for the appellants/State submitted that the respondent was appointed with the specific condition that he will not be absent from duty without any authority or intimating the competent authority and will not violate the conditions of the contractual appointment, despite that the respondent committed various illegalities and irregularities in performing the duty, due to which the poor villagers who were eligible for employment, were deprived, therefore, the service of the respondent was rightly terminated by the competent authority after following the principle of natural justice. Under such circumstances, learned Single Judge has erred in fact and in law by passing the impugned order. Hence, the same may be set aside.