Rajesh Kumar Rathore vs. High Court of M.P. and another

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 18657 of 2018, Judgment Date: Nov 23, 2021

Law laid down - Held:-

when the services of a temporary employee or a probationer or contingency paid employee is brought to an end by passing innocuous order due to unsatisfactory nature of service or on account of an act for which some action is taken, but the termination is made in a simplicitor manner without conducting of inquiry or without casting any stigma on the employee, the provisions of Rule 9 of the Rules 1980 can be taken aid of. However, when the termination is founded on acts of commission or omission, which amounts to misconduct. Such an order casts stigma on the conduct, character and work of the employee and hence, the principle of natural justice, opportunity of hearing and inquiry is requirement of law.

Rajesh Kumar Rathore vs. High Court of M.P. and another