Court No. - 37
Case :- WRIT - A No. - 6975 of 2018 Petitioner :- Ashish Jain Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohd. Yaseen,Sr. Advocate Ashok Khare Counsel for Respondent :- C.S.C.,Bhola Nath Yadav
Hon'ble Abhinava Upadhya,J.
By means of this writ petition, the petitioner has challenged the order dated 17.2.2018 by which his service on contract basis has been terminated. The main challenge to the order of termination is that the contract has been renewed upto 31.3.2018 and before the conclusion of contract period, he has been terminated from service. It is to be noted that the petitioner was engaged under Sarv Shiksha Abhiyan on contract basis way back in 1996 and continued as such ever since. The petitioner was served with a show cause notice of proceedings against the petitioner by initiating disciplinary proceedings on account of allegation of petitioner having been found to have taken a bribe of Rs.1,30,000/- for getting a person employed in the government. That order was challenged before this Court by means of writ petition being writ petition No.60361 of 2017 and this Court directed the authorities to conclude the enquiry within six weeks and in case the same is not concluded, the suspension order will stand revoked. Now, one of the enquiry has been concluded and the petitioner's contract has been terminated before the expiry of the period of contract which is stated to be 31.3.2018.
It is to be noted that the petitioner's engagement was on a contract basis.Whatever the right the petitioner has, it flows from the contract and in case there is breach of contract, it is always open for the aggrieved party to challenge the same before the appropriate forum. I am not inclined to interfere in the order especially on account of the fact that the petitioner's engagement was contractual and his service has been dispensed with after enquiry.
Learned senior counsel appearing for the petitioner Sri Ashok Khare submits that this Court can interfere and the order can be struck down if the same is stigmatic and affects the future prospect of the petitioner. All these questions can be raised in a suit where all these questions can be decided. The writ petition has no merit and is accordingly dismissed.
Order Date :- 27.2.2018 VPC