GAURI SHANKAR DONGRE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition, under Article 226 of Constitution of India, has been filed seeking the following relief (s):

(2.) Learned counsel for the petitioner submits that the petitioner was initially appointed to the post of District Coordinator (Contract) under the Swachh Bharat Mission in the year 2012 by the Development Commissioner. Thereafter, from time to time, the services of the petitioner were extended. Subsequently, a show- cause notice was issued to the petitioner by the Chief Executive Officer, Zila Panchayat, Sheopur, to which the petitioner duly submitted a reply. Thereafter, the impugned order dtd. 1/7/2017 was issued by the Collector, Sheopur. It is further submitted that the show-cause notice was issued by the Chief Executive Officer, Zila Panchayat, whereas the impugned order was passed by the Collector, Sheopur. It is also submitted that the appointing authority of the petitioner is the Development Commissioner, and therefore, the Collector and the Chief Executive Officer, being subordinate authorities, were not competent to terminate the services of the petitioner.

(3.) Per contra, learned Government Advocate, while vehemently opposing the submissions put forth by learned counsel for petitioner, submitted that as per condition mentioned in appointment order, the services of petitioner who has been appointed on contractual basis for a particular period may be terminated even before expiry of contractual period and even without giving any notice.