In a recent ruling, the High Court has affirmed the government’s authority to terminate the services of a contractual employee without conducting a detailed regular departmental enquiry. The judgment came in response to a plea filed by Abid Ahmad Ganai, a contractual Gram Rozgar Sahayak, who challenged the termination order issued by the concerned authority. The petitioner was found to be involved in a fake MGNREGA job card scam in Anantnag district in 2019.
Ganai argued that his services could not be terminated without a comprehensive inquiry, claiming that the termination order violated the principles of natural justice and denied him a fair hearing. However, Justice Sanjay Dhar dismissed these arguments, emphasizing that since Ganai’s engagement was temporary, a full-fledged enquiry was unnecessary before terminating his services.
The court determined that the termination had been carried out in accordance with the conditions of Ganai’s engagement, and the principles of natural justice had been followed. Rejecting the petitioner’s contention that he was entitled to a regular enquiry, the court stated that his engagement as a temporary employee did not warrant such proceedings. Consequently, the petition was deemed meritless and dismissed.
Addressing the question of whether a regular departmental enquiry was required before terminating Ganai’s services, considering the stigmatic nature of the termination order, the court ruled that as he was engaged on a temporary basis and not employed in a civil post, the safeguards provided by Article 311 of the Indian Constitution and the Jammu and Kashmir Civil Service (Classification, Control and Appeal) Rules were not applicable to him.
The court cited the apex court’s ruling on the matter, stating that contractual employees are not entitled to the protection of Article 311(2) (full-fledged enquiry) because they do not belong to a civil service of the Union, an All India Service, or a civil service of a State, nor do they hold a civil post under the Union or a State.
Authorities informed the court that the termination of Ganai and other employees was a result of reported brazen irregularities, including the issuance of fake MGNREGA job cards in Anantnag district. To investigate these allegations, a Committee of Officers was formed, which found deviations, discrepancies, and irregularities in the scrutiny of records. The committee concluded that the job cards had been issued in violation of the rules and norms of the scheme.
(Inputs from various reports)
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