The failure to provide a hearing before terminating services violates principles of natural justice, rendering the decision invalid.

ORDER :

M. NAGAPRASANNA, J.

1. The petitioner is before this Court seeking the following prayer:

“a) Call for records from the Respondent no.1 pertaining to the impugned order/letter dated 13/01/2025 (Annexure-K).

b) Issue Writ or Order quashing the impugned Order/letter dated 13/01/2025 bearing no.ED 255 URC 2023 issued by the respondent no.1 to the respondent no.2 and all further proceedings pursuant thereto (Annexure-K) in the interest of justice and equity.

c) Pass any other Order including the cost of this Writ Petition, in the interest of justice and equity.”

2. Heard Sri Satish K. along with Sri Suresh S. Bhat, learned counsel for the petitioner, Smt. Girija S. Hiremath, learned counsel for respondent No.1 and Smt. Vaishali K.Karadagi, learned counsel for respondent No.2.

3. Facts in brief, germane, are as follows:

On 03.10.2011, the second respondent – University issues a notification calling applications from eligible candidates to fill up several posts in the University. One such post is the Assistant Professor in the department of Geography. The petitioner finding himself eligible applies and after due selection process, is appointed as an Assistant Professor on 29.03.2012, in the second respondent - University. In the year 2021, certain complaint with regard to the petitioner obtaining Ph.D. by dubious means cropped up. The second respondent – University communicated the Registrar of Magadh University seeking clarification in this regard. The Registrar of Magadh University communicates to the second respondent - University that the petitioner did enrolled himself for Ph.D. program in the University. It is the averment in the petition that notwithstanding the clarification from the Registrar of Magadh University, the second respondent again communicates the first respondent seeking clarification on the genuineness of the Ph.D. certificate secured by the petitioner, on the score that there are complaints that the certificate is fake. The University constitutes a One Man Committee to verify the genuineness of the Ph.D. certificate obtained by the petitioner. The report of the One Man Committee holds that the certificate of Ph.D. produced by the petitioner is fake. The issue is considered by the Public Accounts Committee and holds that the certificate appears to be genuine and recommended to drop the proceedings in terms of its communication dated 30.03.2024. Notwithstanding the communications, the first respondent – State by the impugned communication directs the second respondent - University to terminate the services of the petitioner, apart from setting the criminal law into motion against him. It is this communication that has driven the petitioner to this Court in the subject petition.

4. Learned counsel for the petitioner would submit that apart from the merit of the matter, there is no notice issued by the University to the petitioner prior to the impugned action.Therefore, it is in violation of the principles of natural justice.

5. Learned counsel for the second respondent - University is not in a position to dispute the factum of non-issuance of a notice prior to the impugned action or the petitioner being heard in the matter.

6. Therefore, the issue lies in a narrow compass at this juncture, as the issue is, whether the petitioner must be afforded an opportunity of hearing prior to the impugned action.

7. Communications between the University and State Government galore. The petitioner is not in the loop. In identical circumstances, coordinate benches of this Court have held that the employee who is to be affected by an order, should be heard prior to the passage of such order, which would be in consonance with the principles of natural justice.

8. A learned Single Judge of this Court in the case of MARTANDAPPA B. HOSALLI V. STATE OF KARNATAKA reported in 2002 SCC OnLine Kar 659, has held as follows:

“…. …. ….

7. In the case of Nagaraj v. State of Karnataka, [W.P. Nos. 35736 to 35754.] this Court by this order dated 27th