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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Arif Khan S/o Shri Safiulla Khan – Appellant
Versus
Union Of India Through The Secretary, Ministry Of Education, Shastri Bhawan, New Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to termination of registrar's appointment (Para 1 , 2) |
| 2. arguments on statutory violations and natural justice (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court’s evaluation of facts and legal standing (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. decision on procedural irregularities (Para 16) |
| 5. final order disposing of the writ petition (Para 17 , 18) |
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 princi
The principles of natural justice necessitate a hearing prior to adverse administrative decisions impacting employment continuity, particularly when previous performance has been approved.
The Director of an NIT cannot impose disciplinary actions without explicit delegation of authority from the Board of Governors, violating principles of natural justice.
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