Back
C. HARI SHANKAR, TUSHAR RAO GEDELA
INDIRA GANDHI NATIONAL OPEN UNIVERSITY – Appellant
Versus
BHUVANESH VYAS – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. Present appeal has been preferred by the appellant seeking quashing and setting aside of the impugned order dated 23.04.2019 passed by the learned Single Judge of this Court in underlying writ petition being W.P. (C) 104/2008 captioned Bhuvanesh Vyas vs. I.G.N.O.U. whereby the learned Single Judge had set aside the Termination Order bearing Office Order No. 488 dated 07.04.1993 wherefrom the services of the respondent was terminated from 22.09.1992, and restored the services of the respondent-employee entitling him for 50% backwages till the respondent-employee attained superannuation.
2. Briefly stated, the respondent was appointed as Senior Software Engineer in appellant university, i.e. IGNOU in the pay scale of 3700-6700 vide letter dated 02.06.1989 and joined on 11.07.1989 at Delhi. The respondent was confirmed w.e.f. 11.07.1990 vide letter dated 6/7.02.1991. The respondent applied for leave for 90 days to visit USA vide application dated 04.09.1992 and claims that his leave application was approved by the approving officer on 07.09.1992. He further sought extension up to 12.07.1993 vide his application dated 06.12.1992 sent from Arlington, USA
Termination of employment requires strict adherence to statutory procedures, including proper notice and opportunity for the employee to respond.
The main legal point established is the requirement of adherence to the principles of natural justice, including providing an opportunity of hearing, in termination proceedings, and the applicability....
Deemed resignation order under CCS Leave Rule 12(2) quashed for being non-speaking without cogent findings on medical explanations; authority must reconsider with possible medical verification before....
Probationary employees possess statutory protections and cannot be terminated without following prescribed procedures under the governing statute, which mandates documented grounds for unsuitability ....
Termination of a probationer can be valid if based on unsuitability without a misconduct inquiry; such termination is not punitive.
Termination of service without a mandatory inquiry violates procedural safeguards, and authorities must justify any bypassing of these procedures.
Point of Law : Court quashing an administrative decision without substituting its own decision, and is to be contrasted with an appeal where the appellate tribunal substitutes its own decision on the....
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
