🖥️ Typing Test: Court Matter for Typing Practice - 02
10:00
The petitioner has approached this Hon’ble Court by way of filing the present Writ Petition under Article 226 of the Constitution of India, seeking a Writ of Certiorari to quash and set aside the impugned order dated 11th November, 2025, passed by the respondent authorities. By virtue of the said impugned order, the services of the petitioner, who was working as a Senior Administrative Officer on a regular basis, were terminated with immediate effect without affording him any opportunity of being heard or conducting a formal disciplinary inquiry. The learned senior counsel appearing for the petitioner forcefully contended that the action of the respondent state instrumentalities is ex-facie arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India. It was further submitted that the termination order is stigmatic in nature and has been passed in gross violation of the principles of natural justice, specifically the maxim audi alteram partem, which requires that no person shall be condemned unheard. The petitioner had rendered unblemished service for a consecutive period of twelve years, and his annual confidential reports throughout his tenure were consistently graded as outstanding. Suddenly, based on a confidential complaint filed by an anonymous source, the department chose to dispense with his services without serving any show-cause notice or conducting a regular departmental proceeding as mandated under the relevant Civil Services Rules.Per contra, the learned Additional Advocate General, appearing on behalf of the State, countered the arguments and submitted that the petitioner was merely a probationer at the relevant time and his services were terminated in accordance with the terms and conditions stipulated in his appointment letter. He argued that the termination is simple terminatio ex contractu and does not cast any stigma upon the future career prospects of the petitioner. To fortify his legal submissions, the respondents placed heavy reliance upon the judgment of the Larger Bench of the Apex Court in the case of State of Punjab v. Sukh Raj Bahadur, reported in AIR 1968 SC 1089, wherein the parameters governing the termination of temporary employees and probationers were extensively laid down.We have carefully considered the factual matrix of the case, perused the documents placed on record, and evaluated the established legal precedents cited by both sides. The principal question that falls for our consideration is whether the impugned termination order is a simple termination or whether it is punitive and stigmatic in character. It is a well-settled principle of administrative jurisprudence that the form of the order is not conclusive. The court can always lift the veil to determine the true nature of the order and discover the real motivating factor behind the termination. If the foundation of the order is an alleged misconduct, the employer is legally bound to conduct a full-fledged inquiry giving the employee an adequate opportunity to defend himself. In the instant matter, the official files produced by the state clearly reveal that a preliminary inquiry was conducted behind the back of the petitioner, and findings of financial irregularities were recorded against him. This unequivocally demonstrates that the anonymous complaint was the foundation, and not merely the motive, for passing the termination order. Such an approach cannot be sustained in the eyes of law. Consequently, the impugned order is set aside, and the respondents are directed to reinstate the petitioner with full back wages and continuity of service. The writ petition is accordingly allowed.