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2022 Supreme(Cal) 909

MOUSHUMI BHATTACHARYA
Kausik Paul – Appellant
Versus
Seacom Skills University – Respondent


Advocates appeared:
Soumya Majumder, Advocate, Meghnad Dutta, Advocate, Abhishek Shaw, Advocate, Anirban Roy, Advocate, Raja Saha, Advocate, Biswabrata Basu Mallick, Advocate, Anil Kumar Gupta, Advocate, Yogesh Kr. Sharma, Advocate, Partha Sarathi Bhattacharya, Advocate, Mani Shankar Chattopadhyay, Advocate, Raju Bhattacharyya, Advocate

JUDGMENT

Moushumi Bhattacharya, J. - By an order dated 22nd February, 2022, this Court had decided the issue of maintainability in favour of the petitioner. The writ petition is now being decided on merits.

2. The writ petitioner seeks an order for cancellation of a letter dated 19th July, 2021 by which the writ petitioner was asked to discontinue his service as assistant Professor in Bio-Sciences effective from 19th august, 2021. The writ petitioner also seeks an order declaring Clause 6 of the letter of appointment dated 27th February, 2021 to be declared illegal and null and void. Clause 6 of the letter of appointment provides for termination with the management reserving the right to terminate the services of the petitioner without any notice in case of misconduct and violation of the rules of the University.

3. Learned counsel appearing for the petitioner submits that the said clause in the letter of appointment is arbitrary and is contrary to the principles of natural justice as it confers unfettered power on the University to terminate the service of an employee without assigning any reason. Counsel submits that the University did not give a show-cause notice to the petitioner

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