MANMOHAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the order dtd. 7/9/2016 (Annexure P-1), whereby his contractual service has been terminated by giving him salary for one month. He has also prayed for a direction to respondents to reinstate and continue him in service on the post of Data Entry Operator at Community Health Centre, Indergarh, District Datia.

(2.) The facts relevant for decision of the case are that pursuant to the advertisement issued by respondent No.3, petitioner was appointed as Data Entry Operator vide order dtd. 4/6/2014 (Annexure P-3) and was posted at Community Health Centre, Indergarh, District Datia. As per Clause - 1 of the appointment order, the appointment was made up to 31/3/2015, which was extendable for further one year based upon valuation of petitioner's performance. Subsequently, vide impugned order dtd. 7/9/2016 (Annexure P-1), respondent No.5 i.e. Chief Medical and Health Officer, Datia terminated the contractual service of the petitioner by making payment of one month salary of Rs.10,000.00 vide Cheque No.710570 dtd. 7/9/2016.

(3.) The petitioner has challenged this order dtd. 7/9/2016 on the ground that respondent No.5, Chief Medical and Health Officer is not his appointing authority and was thus not competent to terminate his service. The order is also challenged on the ground that the termination of his service is stigmatic which could not have been done without affording opportunity of hearing to him.