UNLAWFUL TERMINATION AND STIGMATIC DISMISSAL IN EMPLOYMENT LAW

by | Aug 23, 2024

ASPECTS DETAILS
Case Title Swati Priyadarshini vs The State of Madhya Pradesh & Ors.
Introduction The case states the appellant was terminated from her contractual role under the Sarv Shiksha Abhiyan due to alleged inefficiency and misconduct.
Factual Background The appellant reported misconduct in a hostel for children with special needs, which led to the termination of the NGO managing the hostel. Following this, she faced harassment and was eventually dismissed.
Legal Issues Whether the termination of the appellant was stigmatic and illegal without a proper inquiry or if it was a lawful non-extension of a contractual appointment.
Applicable Law
  • Article 226 of the Constitution of India.
  • Article 311(2) of the Constitution of India.
  • Principles of natural justice
  • Relevant case laws such as Anoop Jaiswal v Government of India, and others.
Analysis The appellant’s termination was found to be stigmatic, and the court analyzed whether due process was followed per the law.
Conclusion The case was decided in favor of the appellant by a learned Single Judge but later overturned by a Division Bench, which led to the present appeal.
Current Scenario The case is currently under appeal before the Supreme Court, which granted leave to hear the case.

CASE SUMMARYThe case states the termination of Swati Priyadarshini, who was appointed as an Assistant Project Coordinator (APC) under the Sarv Shiksha Abhiyan (SSA) on a contractual basis. After reporting misconduct at a hostel for children with special needs, she faced harassment and was eventually dismissed from her position. The court examined whether the termination was lawful or if it was a stigmatic dismissal without following any due process.

 

SOURCE: SUPREME COURT OF INDIA

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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