LUTFAR RAHMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is one of unique litigation which has come up before this Court where a contractual appointee has been terminated without following any procedure or without giving an opportunity of hearing. It appears that the petitioner was engaged as Additional Para-Teacher in Social Science Group in Bajitpur High School, Bangaon under Sarva Siksha Avijan. Admittedly, such engagement is purely a contractual post i.e. for one year, and renewable upon recommendation of the Managing Committee of the School subject to satisfactory performance. The petitioner's engagement is terminated before its expiration on a very serious allegation that he has given a love letter to one of the students of the said School. The Managing Committee on the basis of the complaint made from the guardians of the students and also the various other students including the complainant herself unilaterally took a resolution of termination of the engagement of the petitioner. The petitioner has come up with this application on the ground that he was not given an opportunity of hearing to defend against such serious allegation. Admittedly, there is no procedure provided in the said scheme for termination of the engagement of the para-teacher after giving an opportunity of hearing. It appears that a serious impunity attached to a person without giving an opportunity of hearing has a disastrous effect as the said person would be deprived of getting an employment in any other organization. When a stigma is attached to a person then the said person should be given an opportunity to defend himself. The right to defend is one of the fundamental rights of a citizen and any action by which such rights are being infringed offends the fundamental rights of a citizen.

(2.) In the instant case, this Court has noticed that the Managing Committee of the said School has proceeded to terminate the engagement of the petitioner without giving an opportunity of hearing or without letting the petitioner aware of such serious allegation being made against him. There are serious lapses which this Court has noticed in the decision making process where the Managing Committee without taking any evidence on the alleged letter have charged the petitioner with such impunity.

(3.) From time and again, it has been reported by this Court that principle of natural justice shall be adhered to by the concerned employers while taking a decision and/or removal and/or termination of service of the employee.