Back
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
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 imp
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.
Service - Recruitment/Ineligibility/Age bar - age limit has been clearly prescribed as 56 years and method of recruitment as deputation till attaining the age of 62 years - Rules of 2019 already in f....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
