IMPORTANT POINT
Material amounting to stigma need not be contained in the termination order but might be contained in any document referred to in the termination order, and the principles of natural justice must be observed in such cases.

JUDGMENT :

Heard Mr. P.N. Shahi, learned Senior Counsel assisted by Mr. Samir Kumar, learned counsel for the petitioner and Mr. Anjani Kumar, learned senior counsel assisted by Mr. Alok Kumar Rahi, learned counsel for the Bihar Animal Sciences University.

2. The petitioner in the present case is seeking the following reliefs:-

(i) To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of certiorari to quash the order dated 31.03.2021 (Annexure-P/4) by the Registrar, Bihar Animal Sciences University (BASU), Bihar Veterinary College Campus, Patna, whereby and whereunder petitioner was permanently discharged from the post of the Dean, Sanjay Gandhi Institute of Dairy Technology, Patna.

(ii) To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of certiorari to quash the order dated 22.03.2021 issued by Vice Chancellor, Bihar Animal Sciences University, Bihar Veterinary College Campus, Patna by which he has been pleased to direct the petitioner to hand over Administrative Charges of post of Dean, Sanjay Gandhi Institute of Dairy Technology, Patna.

(iii) To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of mandamus directing respondents to reinstate the petitioner for balance of period of his tenure as the charges against him remained unproved and the Enquiry was closed; (iv) To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of mandamus directing the respondents to issue the character and experience certificate with apology letter to the petitioner for unwarranted and unjustified termination and also pay compensation as well as damages to compensate the financial loss, social and mental setbacks caused to him due to termination resulting into deprivation of means of livelihood for six months;

(v) Any other relief which the petitioner may deemed to be found entitled in the facts and circumstances of the case.”

Facts of the Present Case

3. The petitioner in the present case claims that he is widely acclaimed Academician and a Dairy Scientist. After serving the Haryana Agricultural University for about 30 years, the petitioner retired from service on attaining the age of superannuation. He came across the Employment Notice No. 12 of 2018 as contained in Annexure ‘P/1’ to the writ application.

4. The Employment Notice was issued by the Bihar Animal Sciences University (hereinafter referred to as the ‘University’) from eligible candidates for the post of Dean in the three constituent colleges of the University. The petitioner applied for the said post and was selected for the post of Dean, Sanjay Gandhi Institute of Dairy Technology, Patna. The offer of appointment of the petitioner is a part of Annexure ‘P/1’ to the writ application. According to the offer of appointment, the tenure of the post will be for five years or 65 years of age, whichever is earlier. His appointment is to be governed by the agreement to be executed between him and the University at the time of joining and the provisions of the Bihar Animal Sciences University revised from time to time will be applicable. Clause ‘3’ of the offer of appointment which is relevant for purpose of the present case is being reproduced hereunder for a ready reference:-

“3. His service can be discontinued owing to administrative reasons at any time by issue of one month’s notice or one month’s emoluments in lieu thereof. He may also leave the assignment, on his own volition, by giving one month’s notice.”

5. The petitioner states that the petitioner was a disciplined hard task master, therefore, he was not being liked by a group of unruly people who started hobnobbing with some persons of the Opposition parties of the State and their leaders. It is the case of the petitioner that on 18th of March, a member of the Opposition alleged in the Bihar Legislative Council that the Dean of the Sanjay Gandhi Institute of Dairy Technology was appointed because of his relation with the Vice Chancellor and