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ALOK KUMAR SINHA
Satya Prakash – Appellant
Versus
Union of India – Respondent
Alok Kumar Sinha, J.—Heard the parties.
2. The petitioner in the present writ application has prayed for issuance of a writ in the nature of certiorari for quashing the office order no. 138/15 datd 18.09.2015 whereby, as per the petitioner, the petitioner has been relieved of his duties without any prior information; as the same is wholly without jurisdiction; contrary to the provisions of the Act and the Statute and is, therefore, arbitrary and illegal. Consequent upon the quashing of the office order no. 138/15 dated 18/09/15, the petitioner further prays for direction to treat the petitioner in continuous service without any break of service with all admissible and consequential benefits.
3. Learned counsel for the petitioner states that the petitioner was appointed as Deputy Registrar in the Central University of Bihar (now known as the Central University of South Bihar), pursuant to Advertisement No. CUB/Advt./21/2013 dated 16.09.2013. It is submitted that the petitioner duly participated in the selection process, was selected by the competent Selection Committee, and thereafter appointed on a substantive post by order dated 19.12.2013 (Annexure:1), issued with the approval of t
Probationary employees possess statutory protections and cannot be terminated without following prescribed procedures under the governing statute, which mandates documented grounds for unsuitability ....
Termination of a probationer must follow prescribed procedures; failure to do so renders the termination illegal and potentially stigmatic.
Termination of a probationary teacher must follow due process and cannot be based on unverified allegations, as it may lead to stigmatization affecting future employment.
A resignation must be accepted by a competent authority, and if accepted without jurisdiction, it is void, allowing for legal withdrawal and reinstatement with back-wages for wrongful termination.
The Vice-Chancellor holding additional charge is not competent to exercise statutory powers vested in a full-fledged incumbent of the post.
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