Delhi High Court - Orders
Radha Madhab Bandyopadhyay vs Central Medical Services Society ... on 27 February, 2023
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1018/2023
RADHA MADHAB BANDYOPADHYAY ..... Petitioner
Through: Mr. Anup Banerjee with
Mr. Prakash Sharma and
Mr. Rajiv Kumar, Advocates.
(M): 9810573550
versus
CENTRAL MEDICAL SERVICES SOCIETY (CMSS) AND
OTHERS ..... Respondents
Through: Ms. Aakanksha Kaul with
Mr. Aman Sahani and
Mr. Harsh Ojha, Advocates for
respondent no. 1.
(M): 9818131566
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 27.02.2023 [Physical Hearing/ Hybrid Hearing]
1. The present writ petition has been filed with the prayer for quashing the letter dated 23.12.2022 by which the petitioner has been terminated from service.
2. Issue notice.
3. Notice is accepted by learned counsel appearing for respondents.
4. She at the outset submits that the appointment of the petitioner was purely on contractual basis. She has drawn the attention of this Court to the Recruitment Rules, as per which, the recruitment of the petitioner to the post of Administrative Officer was on yearly Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:04.03.2023 16:58:33 contractual basis. The said Recruitment Rules specifically state that services can be terminated/relieved by serving one month's notice by either side.
5. Learned counsel for the respondents submits that since the conduct of the petitioner was not proper, he was issued various warnings followed by show cause notice. Ultimately, the case of the petitioner was placed before a Committee and on the basis of the recommendation of a Three Member Committee, decision was taken to terminate the services of the petitioner by way of the impugned order, by which his servicers were terminated with immediate effect, by payment of one months' salary, in lieu of notice.
6. Let reply be filed by the respondents within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
7. List on 12.05.2023.
MINI PUSHKARNA, J FEBRUARY 27, 2023 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:04.03.2023 16:58:33