Rohtas Kumar vs State of Haryana and others

M.M. Kumar, J.—The instant appeal under Clause X of the Letters Patent is directed against judgment dated 15.12.2011 rendered by the learned Single Judge holding that a contractual employee, like the appellant, has no right to continue in the employment beyond the term of agreement and his services could be terminated if his conduct is not above board. It was also found that the petitioner had furnished fake certificate and on that account also there was nothing wrong in terminating his services. Operative part of the order is as under:

It is settled proposition of law that a contractual employee has no right to continue in employment beyond the terms of the agreement and the employers are always very well within their right to terminate his services if his conduct is not above board. Finding that the petitioner has furnished fake certificates, the respondents are very well within their right to terminate the service arrangement of the petitioner. In fact the respondents have gone ahead to suggest registration of an FIR against the petitioner. This petition, therefore, deserves dismissal on this ground alone. However, keeping in view purely the interest of justice and toe examine as to on what basis the certificates of the petitioner have been held fake so as to invite such an allegation against him, learned Senior Deputy Advocate General, Haryana, who is present in Court, is directed to seek instructions.

At this stage learned counsel for the petitioner states that an order of dismissal be passed instead of the aforesaid order. Accordingly, keeping in view the fact that the petitioner is unable to show from any material on record that the certificates which he had furnished were not appropriate and that the allegations of the respondents are incorrect, I am of the opinion that the petition deserves to be dismissed. Ordered accordingly.

We have heard learned counsel for the appellant at some length and are of the view that the opinion expressed by the learned Single Judge does not suffer from any legal infirmity warranting admission of the appeal. It is well settled that even if the order of termination of a contractual employee is based on allegation of fake certificate then it would not call for any regular departmental enquiry as such an employee will not have any right to hold any post. For the aforesaid proposition, we place reliance on a judgment of Hon''ble the Supreme Court rendered in the case of State of Uttar Pradesh and Another Vs. Kaushal Kishore Shukla, . Accordingly the appeal is devoid of merit and does not warrant admission. Dismissed.