JHARKHAND HIGH COURT ISSUES ORDER ON CHANDRA SHEKHAR MANJHI AND ORS. V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Sept. 5 -- Jharkhand High Court issued the following order on Aug. 5:

1. The Instant writ application has been preferred by the petitioners praying therein for quashing the order dated 10.06.2005 and office order dated 14.12.2005, issued by the 2nd respondent; whereby the services of the petitioner have been terminated with immediate effect.

2. The grievance of the petitioners is that they were appointed and working since 1990-91 and all of a sudden by virtue of the office orders dated 10.06.2005 and 14.12.2005, the petitioners were terminated from services without giving any opportunity to them to show-cause and even without supplying the copy of the decision taken by the Screening Committee which amount to violation of principles of natural justice.

3. However, learned counsel for the petitioners very fairly submits that the instant application may be disposed of by giving liberty to the petitioners to approach the respondent No. 3 to revisit with the order because admittedly, the principle of natural justice has been violated.

4. Learned counsel appearing for the respondents submits that petitioners were appointed purely on temporary basis and as per the terms and conditions of the appointment letter, it is clear that their services are liable to be terminated at any time without assigning any reason.

5. Having heard learned counsel for the parties and after going through the available records, admittedly principle of natural justice has been violated in this case inasmuch as, the ground which has been taken in the impugned order was based on the report of the Screening Committee of the College Management, however, the said report was not supplied to the respective petitioners.

6. However, after establishment of Jharkhand Education Tribunal, this Court has no power to look into such type of disputes. Accordingly, in view of submissions made by learned counsel for the petitioners, they are at liberty to approach the respondent No. 3, if so advised, by filing a detailed representation for reconsideration of their cases. If any such representation(s) is preferred by the petitioners within a period of four weeks before the respondent No. 3, he shall look into the matter and take an informed decision in accordance with law within a further period of twelve weeks.

7. With the aforesaid observations and directions, the writ application stands disposed of.

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