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Civil · Reportable judgment

Swati Priyadarshini vs The State of Madhya Pradesh & Ors.

Court
Supreme Court of India
Date
22 August 2024
Case No.
Civil Appeal No. 9758 of 2024
Result
Allowed
Bench
Hima Kohli, Ahsanuddin Amanullah
Citation
[2024] 8 S.C.R. 901 : 2024 INSC 620
Acts & Sections
Rules of Rajiv Gandhi Prathmik Shiksha… Constitution
Supreme Court Reports [2024] 8 S.C.R. 901 : 2024 INSC 620
Issue for consideration
An Order dated 30.03.2013 passed by the Respondent No.4 deciding not to extend the contract of the appellant as Assistant Project Coordinator from 31.03.2013 on the ground of dereliction of duty, as the work/performance of the appellant was found to be unsatisfactory.
Headnote

Service Law – Service on contract basis – Non-extension of contract – Appellant was appointed by the Respondent No.4 to the post of Assistant Project Coordinator (APC) under the Sarv Shiksha Abhiyan (SSA) on contract basis – By an order dated 30.03.2013, the respondent no.4 decided not to extend the contract of the appellant – Appellant contended that the order dated 30.03.2013 was stigmatic in nature and could not have been passed without giving her an opportunity of being heard – The Single Judge of the High Court quashed the order dated 30.03.2013, holding that the termination orders being stigmatic in nature, relating to alleged misconduct involving moral turpitude, the same could not have been passed without holding a regular enquiry – However, the Division Bench of the High Court decided in favour of the respondents – Correctness:

Read the full headnote (3 more paragraphs)

Held: While serving as such, complaint(s) against her, in brief, were that she was not performing her duties, primarily on two counts – (i) Not punctual in attending to her duties, and; (ii) Not correctly reported with regard to the events in the hostel – As borne out from the record, with regard to the hostel, charge was given to her for only 5/6 days – As such, it cannot be said that within such a short period, the appellant, without fully understanding the attendant issues, could have straightaway given any opinion/report on the hostel – Clause 4 of the RGPSM’s General Service Conditions lays down that ordinarily, for inefficiency, one month’s notice is sufficient – The Clause also makes it clear that if someone is found to have indulged in “undesirable activities”, the Mission Director was competent to terminate such person’s services “with immediate effect” – Respondents have placed themselves in a Catch-22 situation – If the order dated 30.03.2013 falls within the former part of Clause 4, as contended by the respondent, on the premise that it is a case of termination simpliciter and non-stigmatic, then one month’s notice was required to be issued to the appellant, which admittedly was not done in the instant matter – Arguendo, were the order dated 30.03.2013 to be seen as falling under the latter part of Clause 4, it would be stigmatic, as made clear by the use of the words “indulged in undesirable activities amounting to degradation of dignity of Mission” – In view of the dictum laid down in Parshotam Lal Dhingra case, it is clear that the Respondents did not comply with Clause 4-either the first part or the second part thereof – The order dated 30.03.2013 does visit the appellant with evil consequences and would create hurdles for her further employment – Therefore, the impugned Judgment is quashed and set aside. [Paras 30, 32, 36]

Service Law – Non-extension of contract – Non-mention of of the background situation or the Show Cause Notice (SCN) in the order:

Held: The mere non-mention of the background situation or the SCNs in the order dated 30.03.2013 cannot, by itself, be determinative of the nature of the order – It is settled that the form of an order is not its final determinant and the Court can find out the real reason and true character behind terminating/removing an employee – In the instant case, the impugned judgment also does not deal with Clause 4 of RGPSM’s General Service Conditions. [Para 33]

Keywords: Service Law · Service on contract basis · Non-extension of contract · Non-mention of the background situation in order · Termination order · Removal from service · True character of order

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Ahsanuddin Amanullah, J. Heard learned counsel for the parties. 2. We are inclined to grant leave; hence, granted. 3. The present appeal has been filed against the Final Judgment and Order dated 03.02.2020 (hereinafter referred to as the “Impugned Judgment”) passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur (hereinafter referred to as the “High Court”) in Writ Appeal No.956/2017, whereby it overruled the Judgment dated 20.06.2017 passed by the learned Single Judge in Writ Petition No.8404/2013. FACTUAL MATRIX: 4. On 15.10.2012, the sole appellant was a
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