T. Koteshwar Rao v. The Chief Secretary And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/205/2024 T. Koeshwar Rao Vs The Chief Secretary and others Mr. Gopala Binnu Kumar ... for the petitioner Mr.Shatadru Chakrarboty Mr. Dibesh Dwivedi ... for the respondents August 6, 2024 (SR) Item No.34 An office order dated March 15, 2024 issued by the Executive Engineer, CD-I, Andaman Public Works Department, Port Blair, terminating the service of the writ petitioner as a Daily Rated Mazdoor, is under challenge in this writ petition. The petitioner says that he has been working in the Andaman Public Works Department, Swaraj Dweep, since January, 2006. There has never been any complaint against him. He is being paid 1/30th pay plus Dearness Allowance and has been discharging the duties of a regular employee for the last 18 years. Nobody has ever made any grievance regarding his performance.

Suddenly he was served with a termination letter dated March 15, 2024. The principles of natural justice have been completely given a go-bye. Learned advocate for the Administration draws my attention to the alleged complaints received by the Administration against the writ petitioner. He says that since the writ petitioner is admittedly a Daily Rated Mazdoor, no disciplinary proceeding was conducted. However, due enquiry was held and the complaints have been found to be correct.

I have considered the rival contentions of the parties. It is inconceivable that the petitioner, even if a Daily Rated Mazdoor, would not have the right to know as to why his service is suddenly being terminated. There cannot be anything more arbitrary. It may well be that there are complaints against the writ petitioner and the Administration would be justified in terminating his service. However, that must be done after giving an opportunity to the petitioner to deal with the allegations against him on the basis of which the drastic action of terminating his service has been taken by the Administration. Even a Daily Rated Mazdoor has certain rights which cannot be negated by the employer. Without entering into the merits of the case and only on the ground that the salutary principles of natural justice have been flagrantly breached by the Administration, I set aside the order of termination dated March 15, 2024. The legal consequences would automatically follow.

It will be open to the Administration to take such action against the writ petitioner as it may be advised, following due process of law and observing the principles of natural justice. WPA/205/2024 is disposed of accordingly.

( Arijit Banerjee, J. )