MALKHAN SINGH MALVIYA Vs. STATE OF M P

JUDGEMENT

(1.) The instant intra court appeal filed under Section 2(i) of M.P. Uchcha Nyayalaya ( Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (hereinafter referred as "2005 Act") assails the final order dated 26.09.2017 passed in WP.1029 /2009 whereby the learned single judge while exercising the writ jurisdiction u/ Art. 226 of the Constitution of India has dismissed the petition filed by the petitioner / appellant seeking quashment of order dated 27.01.2010 (Annexure P-6) by which his contractual services as a Peon, under the Rajeev Gandhi Shiksha Mission, continuing since 1997, have been terminated.

(2.) Learned counsel for the rival parties are heard.

(3.) The writ Court while dismissing the petition in question found that a show cause notice dated 13.01.2009 (Annexure P-4) was issued asking the petitioner to respond to the allegation of misconduct alleged therein or else the service would stand terminated. Learned single Judge further found that FIR was also registered alleging offences punishable u/Ss. 406, 409, 420 of IPC on 12.01.2009 arising out of same incident which gave rise to the said alleged misconduct. The writ court after considering the submission of learned counsel for the petitioner / appellant that the petitioner had been acquitted subsequently of the criminal charge, upheld the termination by recording the finding that the termination was not solely based on the factum of registration of offence but the misconduct alleged in the show cause notice rendered the petitioner (a mere contractual employee) unsuitable for the job and therefore, petitioner had no right to continue for having lost the trust of the employer.