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IN THE HIGH COURT OF CALCUTTA
Siddhartha Chattopadhyay, J.
The Governing Body, Durgapur Institute of Advance Technology and Management & Ors. - Appellants
Versus
Subhangshuman De & Ors. - Respondents
F.M.A 805 of 2015
Decided On : 14-7-2015
EMPLOYMENT - UNJUST TERMINATION - ARTICLE 12 - ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987 - WEST BENGAL UNIVERSITY OF TECHNOLOGY ACT, 1968 - APPOINTMENT OF ANOTHER FACULTY IN PLACE OF THE PETITIONER WITHOUT GIVING HIM AN OPPORTUNITY OF HEARING IS DEPRECATED - APPOINTMENT GIVEN TO SUCH A "PRIVATE RESPONDENT" WAS ALSO CANCELLED.
Fact of the Case:
The petitioner, a lecturer in computer science and engineering at Durgapur Institute of Advance Technology and Management, met with an accident on July 2, 2011, and was hospitalized for a long period of time. After his release from the hospital, he was unable to report to work immediately due to his injuries. The institute, assuming that the petitioner had neglected to abide by its rules and regulations, issued a communication on May 31, 2013, regretting his request to resume service. The petitioner challenged this communication by filing a writ petition, which was allowed by a single judge of the Calcutta High Court. The institute appealed against the single judge's order.
Finding of the Court:
The court held that the institute's assumption that the petitioner had neglected to abide by its rules and regulations was uncalled for, as he was unable to report to work immediately due to his injuries. The court also held that the institute's appointment of another faculty in place of the petitioner without giving him an opportunity of hearing was deprecated and that such appointment was cancelled.
Issues: 1. Whether the institute was justified in assuming that the petitioner had neglected to abide by its rules and regulations? 2. Whether the institute was justified in appointing another faculty in place of the petitioner without giving him an opportunity of hearing?
Ratio Decidendi: 1. The court held that the institute's assumption that the petitioner had neglected to abide by its rules and regulations was uncalled for, as he was unable to report to work immediately due to his injuries. The court relied on the fact that the petitioner had been hospitalized for a long period of time and that he had submitted a medical certificate indicating that he was fit to resume duty. 2. The court held that the institute's appointment of another faculty in place of the petitioner without giving him an opportunity of hearing was deprecated and that such appointment was cancelled. The court relied on the principles of natural justice and held that the institute was required to give the petitioner an opportunity of hearing before terminating his employment.
Final Decision: The court dismissed the appeal and upheld the order of the single judge. The court also held that there shall be no order as to costs.
Siddhartha Chattopadhyay, J.
This appeal arises out of the final order passed on 12/8/2014 by a learned Single Judge of this Court in WP No. 18054(W) of 2013 whereby and whereunder the letter / communication dated 31.05.2013 issued by the General Manager (Administration), Durgapur Institute of Advance Technology and Management was set aside. The respondents were directed to allow the Writ Petitioner / Private Respondent No. 1 herein to join his duties forthwith. However, an observation was made to the effect that since the said Petitioner / Respondent No. 1 had not performed his duties, he would not be allowed any financial benefits for the period during which he was absent from duty but the benefit of continuity in service shall be accorded to him. The Writ Petitioner / Respondent No. 1 herein (Subhangshuman De & Ors.) filed W.P. No. 18054(W) of 2014 wherein while making the State and its Authorities as formal respondents together with the All India Council for Technological Education, its Officers and the Durgapur Institute of Advance Technology and Management as respondents, he prayed for an Order for setting aside and / or quashing the aforesaid Order dated 31.05.2013. He also prayed for an Order commanding upon the respondents to allow him to resume his duties as Assistant Professor in the College together with all arrears and consequential benefits.
2. In the Writ Petition, the petitioner referred to his service career in different paragraphs and stated inter-alia that on 26.05.2010 he had appeared along with other candidates for appointment as a Lecturer in Computer Science and Engineering in the aforementioned Durgapur Institute of Advance Technology and Management. According to the Petitioner the said Institute is an "other authority" within the extended definition of Article 12 of the Constitution of India.
3. The Writ Petitioner (Private Respondent No. 1 herein) (hereinafter referred to for the sake of brevity as the Writ Petitioner) further stated, that after considering his candidature, he was issued with an Appointment Letter dated 01.06.2010 whereby and whereunder, the Chairman of the said Institute appointed him on probation of one year from the date of his joining with basic pay of Rs. 8,000/- per month in the scale of Rs. 8,000 - 13,500. It was indicated that in case of non-satisfactory performance, the probationary period of the Petitioner may be extended for a further period as per recommendations of the Review Committee.
4. The Petitioner stated that after getting the aforesaid Appointment Letter, he reported for duty and started working on and from 02.07.2010. According to the Petitioner, on 02.07.2011 while going to attend college by his car at about 5:30 A.M. his car met with an accident involving a truck bearing No. WB 65 / 5912 and which was coming from the opposite direction. The driver of the private car died on the spot and the Petitioner was taken to the nearest situated hospital at Shaktinagar in the District of Nadia. According to the Petitioner, his physical condition was such that he was not in a position to write even a single word and was also not in a position to inform his employers.
5. On the same date i.e. on 02.07.2011, the Petitioner was transferred to the Apollo Gleneagles Hospital at Kolkata where he was interned for about a fortnight. On 16.07.2011 he was discharged with advice to continue physiotherapy thrice daily and also to use a cervical collar for three months. According to the Petitioner, he was not completely cured and had to go back to the hospital for further medical assistance. He was under treatment of one Dr. Sanjoy Bhowmick for the period 02.06.2011 to 18.08.2011. He was thereafter placed under one Dr. A. Shobhana of the Institute of Neurosciences, Kolkata. On 25.09.2011 the Petitioner again fell sick and went back for treatment under Dr. Sanjoy Bhowmick of Apollo Gleneagles. On the 10th October, 2011, he was again placed under the treatment of Dr. Mahendra and si
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