Court affirms that contractual employees are not entitled to departmental enquiry protections under Article 311 of the Constitution of India.
In a significant ruling, the Jammu and Kashmir High Court, presided over by Justice Sanjay Dhar, has upheld the termination of Himani Sharma, a Mid-Level Health Provider (MLHP) under the National Health Mission, by the Union Territory of J&K. The court ruled that contractual employees are not entitled to the same protections as regular government employees, particularly regarding the necessity of a departmental enquiry under Article 311 of the Constitution of India.
Himani Sharma's services were terminated based on unsatisfactory performance, as documented by repeated absences, tampering with attendance records, and unprofessional conduct, according to multiple enquiry reports. The court noted that principles of natural justice were adhered to, with Sharma receiving multiple show cause notices and opportunities to respond.
The court dismissed Sharma's petition challenging her termination, emphasizing that her contractual agreement allowed for termination under the conditions cited, and that repeated enquiries and show cause notices satisfied the principles of natural justice. Justice Dhar highlighted that the safeguards under Article 311 do not extend to contractual employees, and the termination was consistent with the terms of her contract.
The judgment underscores the legal distinction between contractual and regular employees, reiterating that contractual engagements are governed by the specific terms of the contract, rather than the broader protections available to civil service employees. The court, however, directed the respondents to release any unpaid or withheld salary to Sharma for the period during which she performed her duties.
Bottom Line:
Termination of contractual employee's services does not necessitate a regular departmental enquiry, particularly when the termination is in accordance with the terms of the contract and after following principles of natural justice.
Statutory provision(s):
Article 311 of the Constitution of India
Himani Sharma v. Union Territory of J&K, (Jammu And Kashmir) : Law Finder Doc id # 2850216
