Narendra Singh Shaktawat vs State Of Rajasthan And Others

Kuldeep Mathur, J

The petitioner has approached this Court being aggrieved by the impugned order dated 26.09.2023 passed by the Executive Officer, Nagar Palika, Bhinder, District Udaipur, whereby the contractual services of the petitioner on the post of Technical Engineer (Civil), have been discontinued on the ground that the petitioner has been found guilty of violation of the directions issued by the Division Bench of this Court in the case of Gulab Kothari Vs. State of Rajasthan (Civil Writ Petition No.1554/2004).

Learned counsel for the petitioner submitted that the petitioner is working on the post of Junior Engineer in the Nagar Palika Bhinder, District Udaipur with utmost sincerity and dedication. Learned counsel submitted that the services rendered by the petitioner on the post of Junior Engineer on contractual basis have already been appreciated by the higher authorities of the department. However, by the impugned order dated 26.09.2023, services of the petitioner have been discontinued on the ground that he has violated certain directions issued in the case of Gulab Kothari (supra) by this Court and has issued residential pattas in the land reserved for the utilisation of green belt. Learned counsel vehemently submitted that the order impugned is stigmatic in nature and has been passed without affording any opportunity of hearing to the petitioner. It was urged that no action can be taken against petitioner for any misconduct during employment without providing him an opportunity to defend himself appropriately against the allegations / charges.

Learned counsel submitted that merely because petitioner is in contractual employment, the respondents cannot be permitted to discontinue him from services on the ground of misconduct particularly when the order issued against him is stigmatic in nature. It was thus prayed that the present writ petition may be allowed and the petitioner may be ordered to be reinstated in service on the post of Junior Engineer in Nagar Palika Bhinder, District Udaipur.

Per contra, learned counsel for the respondents submitted that the Chairman of Nagar Palika, Bhinder, had issued pattas in connivance with the petitioner, without following the due process.

Learned counsel submitted that prior to discontinuation of services of the petitioner, a fact finding enquiry was conducted by the department wherein the role of the petitioner in issuance of illegal pattas came to surface. Learned counsel submitted that looking to the nature of allegations against the petitioner, a decision to discontinue his services has been taken which does not call for any interference by this Court particularly when the petitioner is a contractual employee and there is no requirement for taking disciplinary proceedings / action against him like that for a regular government servant. It was thus, prayed that the present writ petition may be dismissed.

Having considered the rival contentions noted above and having perused the material on record, this Court finds that the order impugned dated 26.09.2023 issued against the petitioner by the Executive Officer, Nagar Palika Bhinder is stigmatic in nature. In the considered opinion of this Court, though there is no requirement for conducting detailed disciplinary proceedings against petitioner like that in the case of a Government servant however, if any action is taken against an incumbent for any “misconduct” even while in contractual employment then at least some reasonable opportunity must be afforded to the incumbent to give reasons / defend his case, by the competent authority. Rules of fair play and principles of natural justice cannot be allowed to be violated merely on the ground that the petitioner is a contractual employee. In the instant case, this Court also finds that some preliminary enquiry was conducted behind the back of the petitioner and he has never been given any opportunity to defend himself by the respondents for the charges of “misconduct” or for the so called role played by him in illegal issuance of pattas, in connivance with the Chairman of Nagar Palika, Bhinder.

In the result, the writ petition is allowed. The impugned order dated 26.09.2023 (Annexure-4) issued against the petitioner by the Executive Officer, Nagar Palika, Bhinder is hereby quashed and set aside.

It is however made clear that it shall be open to the competent authority to proceed against petitioner for his alleged misconduct by issuing him a show cause notice, in accordance with law.

It is made clear that the petitioner shall be reinstated in service forthwith, however, he shall not be entitled to the payment of salary for the period commencing from 26.09.2023 to 08.01.2024 i.e. the date of this judgment. In other words, the petitioner shall be entitled to the payment of salary from the date of this judgment only.

No order as to costs.