IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Dr. M. P. Chaudhary – Appellant
Versus
Netaji Subhas University of Technology & Anr. – Respondents
W.P.(C) 2230 of 2021
Decided On : 05-07-2023
| Table of Content |
|---|
| 1. petitioner's service termination challenge and background. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments against termination due to lack of due process. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. university's defense regarding termination and resultant complaints. (Para 14 , 15 , 16 , 17) |
| 4. court’s examination of the legality surrounding the appointment and termination. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 5. importance of adhering to principles of natural justice. (Para 26 , 27 , 28) |
| 6. court's decision to quash termination and order a show cause notice. (Para 34 , 35) |
JUDGMENT
Jyoti Singh, J. By this writ petition, Petitioner assails termination notice dated 31.12.2020 issued by Netaji Subhas University of Technology/Respondent No.1 (hereinafter referred to as `University') and also seeks a writ of mandamus directing the University to treat Petitioner's services as Visiting Professor, Department of Mathematics as deemed to be continued from 31.12.2020.
2. Factual matrix, shorn of unnecessary details and as captured in the writ petition, is that Petitioner is a reputed and renowned mathematician with vast and enriching experience as a Scholar and is a recipient of esteem accolades viz. scholarship of Clay Mathematics Institute (USA), 2008, Young Scientist Talent Award, 2002 and more than 275 publications to his credit. Petitioner has also served as Associate Professor (Mathematics) at the prestigious International Institution Madda Walabu University apart from other academic achievements.
3. University is established by a Statute and works directly under Respondent No.2/Directorate of Training and Technical Education, Government of NCT of Delhi.
4. Petitioner was recommended by a duly constituted Selection Committee in its meeting held on 30.07.2019 for appointment as Visiting Professor (Visiting Faculty), Mathematics in accordance with The Delhi Netaji Subhas University of Technology Act, 2017 (hereinafter referred to as `Act 2017') and Netaji Subhas University of Technology, Delhi (First) Statutes, 2018 (hereinafter referred to as `First Statutes').
5. Pursuant to the recommendations of the Selection Committee, Petitioner was appointed vide letter dated 02.08.2019 initially for a period of one year with a condition that his services could be dispensed with in case of appointment of a regular faculty. It is stated that upon concerns raised by the Petitioner, this condition was deleted and a fresh letter dated 16.08.2019 was issued. Vide order dated 30.08.2019, pay of the Petitioner was sanctioned as Rs.1,17,856/- per month w.e.f. 06.08.2019 as a Visiting Professor. Upon satisfaction of the services rendered, the period was extended by another one year from 06.08.2020 till 05.08.2021.
6. Petitioner avers that suddenly without any prior notice or warning and for no plausible reason, a termination notice dated 31.12.2020 was served on the Petitioner purportedly issued by the Competent Authority. The notice was cryptic and non-speaking and Petitioner was unable to understand the reason for the sudden proposed termination and to prevent the Petitioner from taking legal recourse, the termination was sought to be effected with `immediate effect'. Aggrieved with the notice, Petitioner gave a written representation dated 15.01.2020 to the Vice-Chancellor of the University but there was no response whereafter Petitioner filed the present writ petition.
7. On 18.02.2021, when the writ petition was first listed, Court was informed by the counsel for the Petitioner that by communication dated 31.12.2020 Petitioner was called for a personal hearing and the matter was adjourned. On 09.03.2021, Court was apprised that after giving a personal hearing to the Petitioner, an order had been passed by the University on 05.03.2021 containing justification for the termination. The order has been placed on record.
8. Assailing the impugned order dated 05.03.2021 and the earlier termination notice dated 31.12.2020, learned counsel for the Peti
Termination of employment must adhere to statutory provisions ensuring natural justice, including providing an opportunity to respond to allegations.
Termination without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.
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The failure to provide a hearing before terminating services violates principles of natural justice, rendering the decision invalid.
Termination orders with allegations of misconduct require a formal inquiry and adherence to natural justice, even for contractual employees.
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Termination of a probationer must follow prescribed procedures; failure to do so renders the termination illegal and potentially stigmatic.
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