CW 13763/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.13763/2009 Ram Narayan Versus Development Officer & Ors. Date of Order ::: 05/11/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Manoj Bhardwaj, for petitioner Petitioner was appointed as Gram Rozgar Sahayak in Narega Scheme since the year 2007 purely on contract basis; however, has been terminated vide order dt.21/10/09 (Ann.1) on the premise that FIR-2/09 dt.08/01/09 was registered against him for offence U/s 376, IPC in which challan has also been filed as is evident from Final report No.50/09 dt.15/07/09. Counsel submits that in terms of agreement, his services could not have been terminated without affording opportunity of hearing and that apart, he was granted anticipatory bail U/s 438, CrPC by this Court vide order dt.25/06/09 (Ann.3); in such circumstances, very decision of the respondents terminating his contract is arbitrary and in violation of Art.14 of the Constitution. Counsel further submits that order impugned is stigmatic; as such it could not have been terminated without affording opportunity of hearing. In support, Counsel placed reliance upon decision of this Court in Ramraj Gurjar CW 13763/09 //2// Vs. RSRTC & Others (2008 (UC) WLC Raj. p.485). In the opinion of this Court, submission made by Counsel is without merit for the reason that petitioner was appointed purely on contract basis on the terms & conditions of the agreement executed between the parties and In the instant case, the authority took decision to terminate his contract on the premise of FIR-2/09 for offence U/s 376, IPC, & challan being filed against him on the basis of statement U/s 164, CrPC recorded of the prosecutrix. Cl.5 of the agreement only relates to the concealment if any made by incumbent at the time of his entry into service on contract basis; however, it will not preclude the authority in taking decision to terminate the contract taking note of circumstances occurred in course of incumbent being in service. Judgment on which Counsel placed reliance will not be of any assistance to him for the reason that it was a case where petitioner was appointed on temporary basis and his services were extended from time to time and on criminal case being registered, his services were terminated. However, in instant case, indisputably petitioner was appointed purely on contract basis and his service conditions are regulated in terms of the CW 13763/09 //3// agreement and not under any statutory rules. No condition of agreement has been brought to the notice of this Court which calls upon the authority to give opportunity of hearing before terminating the contract. That apart, terms & conditions of agreement executed does not have any statutory force which can be enforced U/Art.226 of the Constitution of India. Consequently, writ petition being devoid of any merit is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p3/ 13763CW09-Nov5DsContrAppt.doc