The principles of natural justice necessitate a hearing prior to adverse administrative decisions impacting employment continuity, particularly when previous performance has been approved.

ORDER :

Amitendra Kishore Prasad, J.

1. By way of the present petition, the petitioner has approached this Hon’ble Court challenging the order dated 23.02.2023 (Annexure P-1) passed by respondent No.2, namely the Director, National Institute of Technology (NIT), Raipur, whereby it has been decided not to continue the petitioner on the post of Registrar of the Institute. It is the specific case of the petitioner that the impugned order has been passed in an arbitrary, whimsical and unreasonable manner, without any authority of law, and is therefore illegal, void and liable to be set aside. The petitioner contends that the said action is contrary to the provisions of the National Institutes of Technology Act, 2007 and the statutory rules governing the appointment and continuation of the Registrar, as well as the settled principles of law applicable to the field. It is further submitted that the impugned order has been issued pursuant to a meeting dated 21.02.2023 of the In-Charge Director of the Institute, in which the petitioner was neither called nor afforded any opportunity of hearing. The decision having been taken in complete violation of the principles of natural justice, the impugned order is ex facie bad in law. Hence, this petition has been filed seeking indulgence of this Court for following relief : -

“10.1 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned order dated 23-02-2023 (Annexure P-1).

10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to work on the post of Registrar, NIT, Raipur (C.G)

10.3 That, any other relief which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner, in the interest of justice.”

2. Facts of the case, as projected in the writ petition, are that the Registrar, National Institute of Technology, Raipur issued an advertisement dated 24.01.2020 inviting applications for one vacant post of Registrar. Owing to the outbreak of the COVID-19 pandemic, the recruitment process was delayed; however, a duly constituted Selection/Recruitment Committee was formed, comprising the Director, NIT Raipur, one Professor from NIT Jamshedpur, the Registrar of NIT Jalandhar, one retired Chief Engineer from Raipur, with respondent No.2 acting as the Chairman of the Committee. The advertisement specifically provided that the recruitment would be governed by the Recruitment Rules, 2019, which were annexed thereto. Pursuant to the said selection process, the petitioner was appointed to the post of Registrar, NIT Raipur vide order dated 22.02.2021, and he joined his duties on 24.02.2021. The appointment was made in accordance with the Recruitment Rules, 2019, which stipulate that the post of Registrar is to be filled for a fixed tenure of five years, subject to the prescribed conditions. The petitioner discharged his duties with utmost sincerity and dedication, and his performance was placed for review before the 52^nd Meeting of the Board of Governors held on 25.02.2022. The petitioner, being the presenting officer, participated in the meeting only to the extent permissible and thereafter recused himself when his performance was taken up for consideration. In the said meeting, the agenda included noting of the petitioner’s performance review and confirmation of his appointment for a period of five years with effect from the date of joining. The Board of Governors, after due consideration, found the petitioner’s performance to be satisfactory and ratified the approval accorded by the Chairman, thereby resolving to confirm his appointment