DINBANDHU PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By way of filing this writ petition, the petitioner has sought for the following reliefs:-

(2.) Case of the petitioner is that he was appointed as a Computer Operator vide Letter No. 61 dtd. 15/2/2006 by the Jharkhand State Election Commission after a proper interview and verification process. The appointment was contractual, depending upon satisfactory performance and institutional requirements. Since the date of his appointment in 2006, the petitioner continuously discharged his duties for nearly 16 years. His last contract was valid until 30/9/2022. In 2021, a complaint was made by outsiders alleging that the petitioner had taken personal loans and had not repaid them. He was issued a warning letter dtd. 21/9/2021 intimating that certain complaint has been received pertaining to availing loans by the petitioner from outsiders and if any further complaint is made, his contractual appointment shall be terminated. The said letter was without any details of the complaint against him. However after two months vide letter dtd. 26/11/2021 his contract was cancelled.

(3.) Learned counsel for the petitioner contended that due to medical emergency during COVID-19 pandemic, the petitioner had taken personal loans, which he has been repaying regularly. No inquiry or verification was done by the authorities and without any new complaint, without show-cause notice, hearing, or departmental inquiry, his contract was abruptly cancelled on 26/11/2021. He further contended that availing personal loans in medical emergencies is not a misconduct or a violation of any condition of contractual service and cannot be a valid ground for termination under his appointment conditions. He also submitted that the termination was effected in a mechanical and arbitrary manner, despite the petitioner having a valid contract till 30/9/2022 and a long, satisfactory service record.