Termination based on an unserved notice violates natural justice and cannot be sustained.

The petitioner was appointed as a Contractual/Samvida Shala Shikshak Grade-III pursuant to the final selection list dated 27.03.2010 and joined service on 01.04.2010 after passing the M.P. Contractual School Teacher Grade-III Eligibility Examination, 2008.

She was posted at Government Primary School, Bhatwa Tola, Dhuri, Development Block Bahoriband, District Katni.

Allegations were subsequently made regarding her unauthorised absence and irregularities in the attendance register.

The respondents claimed that she remained continuously absent from 28.10.2010 for more than seven years without sanctioned leave or prior intimation, and that a show-cause notice dated 01.08.2017 had been served upon her.

The petitioner disputed service of the notices and contended that she had not been afforded an effective opportunity to respond.

By order dated 24.10.2017, her services were terminated. She challenged the termination under Article 226 of the Constitution, seeking quashing of the order and restoration of service.

Whether the termination order dated 24.10.2017 was vitiated for violation of the principles of natural justice because the petitioner was not duly served with the show-cause notice or afforded an effective opportunity of hearing?

Whether the matter ought to be remitted to the competent authority for a fresh departmental enquiry rather than granting immediate reinstatement on the merits of the allegations?

The Court exercised its jurisdiction under Article 226 of the Constitution of India to examine the legality of the termination order.

It applied the principles of natural justice, particularly the requirement of notice and a real, reasonable and effective opportunity to submit a defence before an adverse service action is taken.

Mere issuance or uploading of a notice, without proof of its due service on the concerned employee, does not satisfy this requirement.

The competent authority was also required to conduct the proceedings afresh in accordance with the applicable service rules, consider the relevant enquiry material and pass a reasoned and speaking order.

The Court found that the notices relied upon by the respondents appeared to have been uploaded on the ERP portal in the name of the school Principal, but the record contained no material establishing that they were duly served upon the petitioner.

Since the allegations of prolonged absence and manipulation or irregularity in the attendance register had serious consequences for her service, the petitioner was entitled to know the allegations and the material relied upon, and to place her explanation and supporting documents before the competent authority.

The Court held that formal issuance or uploading of a notice was insufficient where effective service and an actual opportunity of defence had not been demonstrated.

Without adjudicating the truth of the allegations, it concluded that the termination order could not be sustained because the foundational procedural safeguard of natural justice had not been established.

The termination order dated 24.10.2017 (Annexure-P/1) was quashed and set aside.

The matter was remitted to the competent authority/Chief Executive Officer, Zila Panchayat, Katni, to recommence the departmental enquiry from the stage of submission of the reply to the show-cause notice.

The authority was directed, if necessary, to serve the petitioner with the notice, allegations and relied-upon material, permit her to submit a reply and supporting documents, consider the entire relevant record, and pass a reasoned and speaking order within four months from production of the certified copy of the judgment.

The petitioner was directed to appear before the competent authority on 24.09.2026 and cooperate with the proceedings.

Continuity of service, back wages and other consequential benefits were left subject to the final outcome of the fresh proceedings.