ASHOK CHANDRA DHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.M.Chakraborty, learned Sr. counsel assisted by Ms. P. Sen, Ms. B. Chakraborty & Ms. M. Chakraborty, learned counsels appearing for the petitioner. Also heard Mr. Dipankar Sharma, learned Addl. G.A. appearing for the State respondents and Mr. Biswanath Majumder, learned CGC appearing for the respondent-Union of India (represented by Ministry of Health and Family Welfare Department, Govt. of India).

(2.) The case of the petitioner, in a short compass, is that he was appointed as Consultant under the respondents vide appointment letter dated 01.10.2008 (Annexure-4 to the writ petition) on contractual basis with further stipulation that his service may be terminated by giving one month's notice on either side. All on a sudden he was served with a memorandum dated 26 th July, 2018 (Annexure-7 to the writ petition) in the following terms:

(3.) On bare perusal of the said memorandum, it reveals that some imputations have been made against the petitioner and he has been asked by the competent authority to reply to those allegations/imputations leveled against him. The petitioner in response to the said memorandum dated 26th July, 2018 had submitted reply on 01.08.2018 to the Project Director, Tripura State AIDS Control Society, Health and Family Affairs Department, Govt. of Tripura whereby and whereunder the petitioner has denied and challenged the allegations as those were baseless as well as frivolous. The petitioner also has sufficiently explained the reasons as to why he consumed more than 20/25 days to undertake his assigned job. He also has given explanation to each and every allegation as imputed upon him. Without informing the petitioner about the response that he submitted on 01.08.2018 to the competent authority, all on a sudden, the respondent No.4 issued a memorandum dated 12th September, 2018 (Annexure-9 to the writ petition) terminating the service of the petitioner in the following terms: