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PAMIDIGHANTAM SRI NARASIMHA, ALOK ARADHE
Vice Chancellor, Rajiv Gandhi National Aviation University – Appellant
Versus
Jitendra Singh – Respondent
Key Points: - The appointing authority under transitional provisions has power to terminate/remov e during probation, as implied by General Clauses Act 1897 and transitional provisions (Section 46 and Statute 28(1)) (!) (!) (!) (!) (!) - The Visitor (President of India) is empowered to appoint the first Registrar and has a role in disciplinary actions under transitional arrangements, with termination aligned to the appointing authority’s powers (!) (!) (!) - Section 46(b) and Statute No.28(1) interpreted to mean the Visitor/appointing authority can terminate services of the First Registrar during the transitional period, with the action deemed in consonance with statutory provisions (!) (!) (!) - The High Court’s finding that the Visitor had no role in disciplinary proceedings was concluded to be incorrect; the Visitor’s role in termination under transitional provisions is upheld in the judgment (!) - The tenure of the First Registrar under Section 46(b) was three years (01.03.2019 to 28.02.2022), and termination by the Visitor was seen as consistent with Statute No.28(1) (!) - The Court disposed of the appeals by affirming the disciplinary authority of the Visitor and declined to intervene in back wages due to expiry of appointment and litigation history (!) (!) - The judgment clarifies that the transitional provision operates as the appointing authority for disciplinary matters during the transitional phase (!)
| Table of Content |
|---|
| 1. procedural background and factual history of the termination dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. disputed authority of the visitor in university disciplinary proceedings. (Para 15 , 16 , 17 , 18 , 19) |
| 3. statutory analysis of transitional provisions and disciplinary jurisdiction. (Para 20 , 21 , 22 , 23 , 24) |
| 4. an appointing authority inherently possesses the power to terminate. (Para 25 , 26 , 27 , 28) |
| 5. non-interference with high court operative directions due to peculiar circumstances. (Para 29 , 30) |
JUDGMENT : :
ALOK ARADHE, J.
1. Leave granted.
2. These appeals assail the order dated 22.05.2024 passed by the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench (“the High Court”), whereby the appeal preferred by respondent No.1 (hereinafter referred to as “the First Registrar”) was allowed and the order dated 25.04.2023, passed by the learned Single Judge, as well as the order dated 27.04.2022 passed by the Deputy Secretary, Ministry of Civil Aviation, Government of India, were set aside.
FACTS
3. The relevant facts giving rise to the filing of the present appeals are set out hereinbelow.
4. The Rajiv G
The power to appoint, as defined by statute, implicitly includes the power to suspend or dismiss. When a transitional provision mandates an initial appointment by a higher authority, that authority f....
An employee appointed by deputation is entitled to due process, including notice and an opportunity to respond before removal, as mandated by statutory provisions and constitutional protections.
Section 13 of University Act, 2000 clearly states that Registrar shall be a full time officer of University and shall be appointed by State Government.
The Vice-Chancellor of a university has the authority to suspend and take disciplinary action against officers, including the Registrar, as per the Bihar State University Act, 1976.
Termination of employment must adhere to statutory provisions ensuring natural justice, including providing an opportunity to respond to allegations.
Termination of probationary services requires adherence to statutory procedures including notice and opportunity for defense.
A recommendation by the Syndicate does not equate to a formal decision for extending the tenure of a Registrar, and the Chancellor's authority must be adhered to as per statutory provisions.
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