CW 14804/09 {1} In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.14804/2009 Anil Kr. Sharma Versus District Collector, Alwar & Ors. Date of Order : 14/12/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Manoj Bhardwaj, for petitioner Petitioner while working as Gram Rojgar Sahyak in Gram Panchayat, Machal Panchayat Samiti Behror (Alwar) on being appointed vide order dt. 17/05/08 on contract basis, was terminated from service vide order dt.15/09/09 (Ann.6). It appears from the record that on sudden inspection visit of Commissioner (Narega) on 18/08/2009, it was revealed that without construction work being commenced, forged entries of attendance on 16/08/09 & 17/08/09 were made and recorded by petitioner – notice to show cause in this regard was served upon him on 18/08/09 (Ann.4) – to which he submitted his explanation admitting about forged attendance recorded (supra) but at the same time, he gave further explanation that such mistake would not be committed in future. Taking note whereof, his contract of service was terminated vide order dt.15/09/09 (Ann.6). CW 14804/09 {2} Counsel submits that Sarpanch is not competent to terminate contract of service and that apart, petitioner who is a handicapped person and requires sympathetic consideration. In the opinion of this court, submission made by counsel is of no merit. Merely because petitioner is a handicapped person, it will not give-rise any sympathy and such a misplaced sympathy cannot be extended by this Court while examining legal right of petitioner. Appointments under Narega are made purely on contract basis and merely because petitioner was appointed under orders of Chief Executive Officer while nothing has been pointed out as to who is the person competent to terminate the contract of service under terms of the contract – in absence of any provision to the contrary taking note of alleged incidence of petitioner having been detected in course of sudden inspection visit of Commissioner (Narega) on 18/08/09 – show cause notice of which was served upon him and taking note of his explanation, it remained undisputed that on 16/08/09 and 17/08/09, forged attendances were recorded despite no construction work having commenced at the CW 14804/09 {3} site, in such circumstances, if contract of service has been terminated, this Court finds no illegality in such decision taken by the authority vide order impugned. That apart, petitioner has been appointed on contract basis, no legal right even otherwise is conferred which can be said to have been infringed. This Court finds no justification to interfere. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p3/ 14804CW09Dec14DsNarega.doc