Allahabad High Court: Removing Contractual Employee From Post Without Providing Him Any Opportunity Of Hearing Is Unfair

A Single-Judge Bench of Justice Ashwini Kumar Mishra of the Allahabad High Court, while hearing a petition filed by Munni Poonam, engaged as Warden in Kasturba Gandhi Balika Vidyalaya at Belhari in District Balliahas, has observed that it is not fair to remove a contractual employee from the post or terminate his contract, without providing him any opportunity of hearing.

The Petitioner has submitted before the court that she was engaged as Warden in Kasturba Gandhi Balika Vidyalaya, Belhari, District Ballia in the year 2011. The initial appointment for one year has been extended for last almost 10 years. However, in the year 2020 petitioner’s work has not been found satisfactory, and therefore, by the order impugned dated 2.1.2021 petitioner’s extension in the Academic Sessions 2020- 2021 has been discontinued. This order has been assailed on the ground that no opportunity of hearing has been given and that petitioner’s work otherwise was satisfactory throughout.

Sri Sanjay Chaturvedi, who has obtained instructions in the matter, states that petitioner’s work has not been found satisfactory. It is, however, admitted that neither petitioner has been furnished report of the Committee nor has been heard in the matter.

The Court has found that, it is not in issue that petitioner has worked for nearly 10 years. In the event respondents found that there was some adverse report with regard to petitioner’s working in the institution, she ought to have been confronted with such material and only after an opportunity in that regard a decision could have been taken whether or not to continue petitioner’s contractual engagement. As this course has not been adopted the order impugned cannot be sustained

The Court has directed that,

“Petitioner shall represent her grievance before respondent no.3, along with a copy of this order, within two weeks from today. The third respondent shall furnish reports of District Committee to the petitioner, within two weeks, thereafter. The petitioner will have an opportunity to submit her explanation/comments, within a further period of two weeks, thereafter”

The matter should be placed before the District Committee along with the comments/explanation of the petitioner and an appropriate decision would be taken in the matter relating to petitioner’s contractual engagement while passing a fresh order, within a further period of two months, thereafter. The order impugned in the present writ petition shall abide by the fresh orders to be passed by the authority concerned, as indicated above, said by the court.

Case details:

Case :- WRIT – A No. – 3061 of 2021

Petitioner :- Munni Poonam

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Dinesh Rai

Counsel for Respondent :- C.S.C.

Bench: Justice Ashwini Kumar Mishra

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