Anup Shashi Bhushan Ekka vs State of Jharkhand And Ors

Hearing of this writ petition has been convened and conducted through Video-Conferencing.

The petitioner is aggrieved of the order of termination dated 22.01.2017. By this order, without issuing a show-cause notice or holding a departmental enquiry the contract of service has been terminated by the District Superintendent of Education-cum-District Programm Officer, Sarva Shiksha Abhiyan, Gumla. The submissions urged by Mr. Ajit Kumar, the learned counsel for the petitioner are two fold : (i) the order of termination dated 22.01.2017 has been issued in breach of the rules of natural justice and (ii) the order of termination is stigmatic. Mr. Sanjeev Thakur, the learned State counsel, however, referring to the letter of appointment of the petitioner dated 17.01.2007 submits that under the contract there is no need to issue a show-cause notice to the petitioner and since the allegation against the petitioner was very serious in nature no exception can be taken to the termination order dated 22.01.2017.

The termination order dated 22.01.2017 reads as under:

कार्यालय आदेश

दिनांक 22.01.2017 को स्थानीय दैनिक समाचार पत्र में प्रकाशित समाचार के आलोक में लेखापाल-सह-कम्प्यूटर ऑपरेटर, कस्तूरबा गांधी बालिका विद्यालय बाघिमा, पालकोट के अनूप भूषण एक्का द्वारा ग्यारहवीं कक्षा की छात्रा प्रिया कुमारी के बीमार होने के बाद भी छुट्टी नहीं दिये जाने एवं उनकी माता के साथ दुर्व्यवहार किये जाने के कारण दिनांक 21.01.2017 को आहत होकर भावावेश में छात्रा प्रिया कुमारी ने छात्रावास के कमरे में फांसी लगाकर आत्महत्या कर ली है।

उक्त परिस्थितियों के आलोक में उपायुक्त-सह-अध्यक्ष, झारखण्ड शिक्षा परियोजना, गुमला के आदेशानुसार श्री अनूप भूषण एक्का, लेखापाल-सह-कम्प्यूटर ऑपरेटर, कस्तूरबा गांधी बालिका विद्यालय बाघिमा, पालकोट को विशेष परिस्थिति में तत्काल प्रभाव से इनकी संविदा समाप्त करते हुए सेवा मुक्त किया जाता है।

ह0/-

जिला शिक्षा अधीक्षक-सह- जिला कार्यक्रम पदाधिकारी सर्व शिक्षा अभियान, गुमला।

English Translation:

Office Order

In view of the news published in the local daily newspaper on 22.01.2017, Anup Bhushan Ekka, Accountant-cum-Computer Operator of Kasturba Gandhi Balika Vidyalaya Baghima, Palkot, did not grant leave to Priya Kumari, a student of XIth class, even though she was ill and he misbehaved with her mother, due to which the student Priya Kumari has committed suicide by hanging herself in the hostel room on 21.01.2017.

Under such circumstances, as per the order of the Deputy Commissioner-cum-Chairman, Jharkhand Education project, Gumla, Sri Anup Bhushan Ekka, Accountant-cum-Computer Operator, Kasturba Gandhi Balika Vidyalaya Baghima, Palkot is discharged from service with immediate effect after terminating his contract under extraordinary circumstances.

Sd/-

District Superintendent of Education-cum-District Programme Officer Sarva Shiksha Abhiyan

The office order of termination of service dated 22.01.2017 apparently has no reference to any complaint of the girl student, namely, Priya Kumari who has committed suicide. In fact, there is no reference of any complaint made against the petitioner and a bare glance at the said office order would disclose that on the basis of a news-report published in the daily newspaper on 22.01.2017 the same day the order of termination has been issued by the respondent-authority. In the order of termination there is an imputation against the petitioner that the student was sick but he did not grant leave to her and misbehaved with her mother, so in desperation she has committed suicide. The imputations against the petitioner are definitely marks of disgrace and he would have to live in infamy. The petitioner has been visited with the evil consequences and on the ground that his appointment was purely temporary and can be terminated without notice and without disclosing any reason the termination order dated 22.01.2017 cannot be sanctioned in law. It is ex facie stigmatic and does not conform to the "triple test"; (i) misconduct (ii) full-scale enquiry and (iii) finding of guilt, as indicated in the judgments of the Hon'ble Supreme Court- one being in "Pavnendra Narayan Verma Vs. Sanjay Gandhi PGI of Medical Sciences and Another" reported in (2002) 1 SCC 520. The letter of appointment of the petitioner and various conditions of service mentioned in the advertisement for appointment on different posts under Sarva Shiksha Abhiyan would disclose that the reservation policy of the government would be applied and the service conditions can be changed by the government and while so, it can be inferred that the employer is an instrumentality of the State. But, no enquiry was conducted in the matter nor was there any fact-finding report. The decision of the respondent-Deputy Commissioner which appears to be based on a newspaper report is unfathomable. One has to remember, as observed in "S.P. Vasudeva Vs. State of Haryana" reported in (1976) 1 SCC 236; that after all no government servant, a probationer or temporary, will be discharged or reverted, arbitrarily, without any rhyme or reason.

For the aforesaid reasons, the office order dated 22.01.2017 is quashed.

The writ petition is allowed, however, with liberty to the respondent-authority to proceed against the petitioner, if so advised, in accordance with law. The petitioner shall be reinstated in service, as soon as a copy of this order is communicated to the respondent-Deputy Commissioner.