Termination of employment must adhere to statutory provisions ensuring natural justice, including providing an opportunity to respond to allegations.

JUDGMENT :

DEVENDRA KUMAR UPADHYAYA, C.J.

1. This intra-Court appeal filed under Clause X of the Letters Patent questions the validity of the judgment and order dated 05.07.2023 passed by the learned Single Judge in W.P.(C) 2230/2021 filed by the respondent whereby, the petition has been allowed and notice of termination dated 31.12.2020 has been quashed and the appellant-University has been directed to issue a fresh Show Cause Notice (hereinafter referred to as the ‘SCN’) to the respondent, granting him an opportunity to file his response.

2. It has also been directed by the learned Single Judge by passing the impugned judgment and order that the SCN shall be accompanied by all relevant documents, including the complaints and report of the committee which are stated to be against the respondent and were the cause for termination of his services. The impugned judgment also directs that after considering the response to be filed by the respondent, a fresh decision shall be taken by the appellant-University in accordance with law by passing a reasoned and speaking order.

3. The facts which are necessary for appropriate adjudication of the issue involved in this appeal are noticed as under:

3.1 The appellant-University has been incorporated under Section 3 of the Delhi Netaji Subhas University of Technology Act , 2017 (hereinafter referred to as the ‘Act, 2017’) which is a body corporate having perpetual succession and a common seal.

3.2 Section 20 of the Act, 2017 provides for certain Authorities of the appellant-University that includes the Board of Management (hereinafter referred to as the ‘Board’) which is a Statutory Board in terms of Section 23 of the Act, 2017 and is the principle executive authority of the appellant- University, having all powers necessary to administer the appellant- University subject only to the provisions of the Act, 2017, Statutes and the Ordinances and Regulations to be made under the Act, 2017.

3.3 Section 31 of the Act, 2017 provides that Statutes to be made there under may provide for all or any of the matters enumerated therein, which include composition of Selection Committee for direct recruitment in respect of Group-A (teaching and non-teaching) and other services for all Group-A, B and C (teaching and non-teaching) employees of the appellant-University. The Statutes can also provide for the manner of appointment of the officers of the appellant-University, terms and conditions of their service and their powers, duties and emoluments. As per Section 31 of the Act, 2017, the manner of appointment of the teachers of the appellant-University, other than academic staff and other employees and their emoluments, can also be provided for by making the relevant Statutes.

3.4 Section 31 (h) of the Act, 2017 permits the Statutes to be made providing for the manner of appointment of teachers and other academic staff working in any other university or industry for a specified period for undertaking a joint project, and their terms and conditions of service and emoluments.

3.5 The First Statutes of the appellant-University have been framed under Section 32 read with Section 31 of the Act, 2017. Statute 15 provides for Selection Committee to be constituted for making recommendation to the Board for appointment for the posts of Professors, Associate Professors, Assistant Professors, other teachers and other academic staf