Christopher Lazarus v. The Lieutenant Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/397/2022 Christopher Lazarus Vs The Lieutenant Governor and others Mr.Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents August 5, 2024 [SR] Item No.51.

The petitioner challenges an order dated May 31, 2022, whereby his service as Junior Engineer (Civil) was terminated by the Administration.

The petitioner was engaged as Junior Engineer (Civil) on contract basis in the year 2011, on the basis of a full-fledged selection process. On September 17, 2021, a show cause notice was issued to him on the basis of alleged administrative lapse on his part. As called for, he filed his reply to the show cause notice on October 08, 2021.

The petitioner says that after he filed his reply, there was complete silence on the part of the Administration. He continued with his service. He obviously thought that the matter has been set at rest. Suddenly, by an order dated May 31, 2022 issued by the Assistant Director (Admn), the petitioner's service was terminated with immediate effect. Hence this writ petition. I have heard learned advocates for the parties at some length. No disciplinary proceeding was held against the petitioner. No opportunity of hearing was granted to the petitioner. The order

terminating the petitioner's service does not indicate even briefly as to why the petitioner's reply to the show cause notice was found to be insufficient.

In my considered view, the principles of natural justice have been flagrantly violated in the facts of the present case. It was sought to be argued feebly on the part of the Administration that since the petitioner is a contractual employees, principles of natural justice would not apply to him. I am not in agreement with such contention. When an employee's service is sought to be terminated on the basis of allegation which would amount to a stigma, such employee must be granted a reasonable opportunity of defending himself.

Without going into merits of the case, only on the ground that principles of natural justice have been breached by the Administration, I set aside the termination order dated May 31, 2022. Consequently, the petitioner stands reinstated in service. The Administration will be at liberty to hold such proceedings against the petitioner as they may be advised and conclude such proceedings in accordance with law observing the principles of natural justice.

WPA/397/2022 is disposed of accordingly.

( Arijit Banerjee J.)