ANIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dtd. 15/3/2020 (Annex.7) whereby the petitioner's contractual service has been terminated based on allegations that a fake news was circulated by him during COVID-19 pandemic.

(2.) The averments shows that the petitioner was working as a Senior Treatment Supervisor in the Medical and Health Department on contractual basis. By the impugned order dtd. 15/3/2020, the petitioner's services were terminated pending enquiry, on the allegation that the petitioner circulated fake news by messaging that some COVID-19 positive patients were admitted and taking treatment in the hospital. In this regard, an FIR was also registered and based on the said FIR, he was terminated. It is stated that subsequently, an enquiry was held and in the said enquiry, the charges levelled against the petitioner were not proved. Thereby, an order of revocation has been passed by the respondents dtd. 24/7/2022 giving zero effect to the order of termination.

(3.) Learned counsel for the petitioner submits that the entire procedure adopted by the respondents-Authority in terminating the petitioner without an enquiry is also stigmatic. Subsequently, on the basis of findings of said enquiry, a revocation of termination order was passed by giving zero effect to the termination. Thereby, he is entitled for continuity in service in between the date of termination to the date of revocation including the period he worked in pursuance of interim directions. According to him, the termination order is unsustainable under law, even though, the said order has been revoked.