RAKESH CHAUHAN Vs. JAIPUR VIDYUT VITRAN NIGAM LTD.

JUDGEMENT

(1.) The legal issue involved in this petition is that 'whether the services of a regularly appointed person on probation can be terminated without affording opportunity of hearing to him, particularly when the order of termination is not simpliciter but punitive and stigmatic'.

(2.) Aggrieved by the order dtd. 19/5/2014 passed by the respondents, whereby the services of the petitioner have been terminated, the petitioner has approached this Court by way of filing of this writ petition.

(3.) Learned counsel for the petitioner submits that the petitioner was appointed on the post of Junior Accountant (Probationer Trainee) in the office of the respondent-Corporation. Counsel submits that a criminal case No. 123/2014 was registered against him for the offences punishable under Ss. 7, 13 (1)(d) and 13(2) of Prevention of Corruption Act, 1988 (for short, 'the Act of 1988') and thereafter, charge-sheet was submitted against him for the above offences, before the Court of law and only on this count, the services of the petitioner were terminated by the respondents, without issuing any notice or without providing any opportunity of hearing to the petitioner. Counsel submits that though the petitioner was regularly appointed and was in the probation period, the order impugned would be stigmatic, as it would affect his future career. Hence, under these circumstances, the impugned order dtd. 19/5/2014 is not sustainable in the eye of law and is liable to be quashed and set aside.