Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7511 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/1306/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Shaurya Dhaundiyal, learned counsel for the petitioner.
2. Mr. N.S. Pundir, learned Deputy Advocate General for the State of Uttarakhand.
3. Petitioner was engaged on contract as Junior Engineer in Zila Panchayat, Pauri in the year 2012. According to him, his status was upgraded to that of an ad- hoc employee in 2021. In this writ petition, petitioner has challenged the
order dated 21.07.2025 passed by Secretary, Panchayati Raj Department. By the said order, services of petitioner, as Junior Engineer (ad-hoc), have been terminated.
4. Perusal of impugned order reveals that number of allegations have been made against the petitioner, therefore,
learned counsel for the petitioner is right in contending that termination is punitive and the order of termination is stigmatic.
Learned counsel for the petitioner submits that even an ad-hoc employee, if he is terminated on the basis of a charge of misconduct, then he is entitled to formal enquiry so that he may have his say in the matter.
5. In the present case, admittedly, neither any show cause notice nor any charge-sheet was issued to the petitioner before passing the impugned order and petitioner’s services were terminated by
2025:UHC:7511 way of punishment in total defiance of principle of natural justice. Law is well settled that an order, which entails civil and evil consequences, can be passed only after affording a reasonable opportunity of hearing. Since that has not been done in the present case, therefore, the impugned order is liable to be set aside on this score alone.
6. Accordingly, the writ petition is allowed. Impugned
order dated 21.07.2025 is set aside. However, the Competent Authority shall be at liberty to pass fresh order against the petitioner, but only after providing reasonable opportunity of hearing to him.
(Manoj Kumar Tiwari, J)
25.08.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512 ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE5 8A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.25 05:20:37 -07'00'
2025:UHC:7511