IMPORTANT POINT
The termination by an incompetent authority is invalid, and the competent authority plays a crucial role in employment decisions.

ORDER

Chandra Dhari Singh, J. (Oral)

1. The petitioner vide the present petition under Article 226 of the Constitution of India seeks the following reliefs:

"(i) Issue a writ of Certiorari or any other appropriate writ/direction/order to quash the (i) Office order having no. F.No.1/22/Admn/Soc/RGSSH/2022/2514-2520 dated 09.03.2022 issued by the Respondent No. I and (ii) Office order having No. F.No. 1/22/Admn/Soc/RGSSH/20221180-184 dated 10.03.2022 issued by Respondent No.2 whereby the Respondents terminated the service of the Petitioner herein as Assistant Professor (Cardiology) of the Respondent No.2 Hospital;

(ii) Issue a writ of Mandamus or any other appropriate writ/direction/order directing the Respondent to issue order extending the tenure of the Petitioner for further period;

(iii) Pass any other Order(s) as this Hon'ble Court may deem fit and proper in favour of the Petitioner according to the facts and circumstances of the present case."

2. The brief facts necessary for the adjudication of the instant petition are as follows:

a) The petitioner was working as Assistant Professor (Cardiology) with the respondent no.2 on contractual basis from the year 2014. The respondent no. 2 is a 650 bedded autonomous institute under respondent no. 1 and registered as a society under the Society Registration Act, 1860.

b) During October 2021, one Dr. Neeraj Pandit, aged 65 years, joined the Cardiology Department of respondent no.2 hospital at the supervisory post of HOD Cardiology. It is alleged by the petitioner that the same was in violation of Office Memorandum dated 19th July 2018, issued by the Government of India, Ministry of Health & Family Welfare.

c) Being aggrieved by the action of the respondent, the petitioner raised his grievances before the higher authority by way of representation dated 18th December 2021, and 24th January 2022. On 9th March 2022, the respondent no. 1 directed that the petitioner's services were to be terminated on immediate basis.

d) Consequently, on 10th March 2022, the petitioner was issued termination letter by respondent no. 2 in compliance with the aforesaid order. Being aggrieved by the said termination letter, the petitioner approached this Court by way of instant writ petition.

3. Learned counsel appearing on behalf of the petitioner submitted that the impugned order dated 9th March 2022 has been passed without any authority and with a mala fide intention by the respondent no.1. The respondent no. 1 is neither the appointing authority of the petitioner nor the competent authority to issue any order qua the employment of the petitioner. Moreover, the petitioner is not even reporting or working under the respondent no. 1.

4. It is further contended that the Governing Council in the instant petition in their reports confirmed that the Directors of the hospital played fraud, forged the personal file, misrepresented the same to the Health Minister (GNCTD), got illegal approval and flouted various provisions of the Constitution of India as well as the Clauses 6.5, 12.1 & 31 of the respondent no.2's Memorandum of Association (hereinafter "MOA") applicable CCS Conduct Rules & CCS (CCA) Rules.

5. It is submitted that as per Clause 2.5 of the MOA, the term "Government" has been defined to mean the Lieutenant Governor of the National Capital Territory of Delhi, appointed by the President under Article 239 and designated as such under the Article 239AA of the Constitution of India.

6. It is further submitted that as per Clause 6.2 of the MOA, the Selection Committee shall appoint an Institute-specific selection Committee for recruitment of doctors and the selection process shall be carried out at the Institute. It is furthermore stipulated as per Clause 6.5 of the MOA that the approval of the Governing Council shall be taken for the purpose of the appointment of Medical Officers, Specialist as well Teaching Faculty.

7. It is submitted that as per Clause 7 of MOA, subject to approval of the Government, doctors and other