Termination without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.

JUDGMENT :

Heard Mr. M.K. Choudhury, learned senior counsel assisted by Mr. M. Sarma, learned counsel for the petitioner. Also heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. P.J. Phukan, learned counsel for the respondents No.1, 2 and 3 and Mr. A. Chamuah, learned counsel for the respondent No.7.

2. Challenge in the present writ petition is an order No. KKHSOU/PF/08/2021/68/2369 dated 19.04.2023 passed by the Registrar of Krishna Kanta Handiqui State Open University (herein after referred to as KKHSOU) whereby, the service of the petitioner is terminated with immediate effect as Professor in the Bhupen Hazarika School of Mass Communication, KKHSOU in pursuant to the decision of 71st meeting of the Board of Management, KKKHSOU on the basis of the report submitted by the committee constituted for examination of the selection procedure and eligibility of the petitioner.

3. The petitioner was employed with the Northeastern Frontier Railways for twenty-three (23) years as a Senior Publicity Inspector, Public Relations Officers before having opted for VRS.

4. Vide advertisement dated 14.08.2020, the KKHSOU issued an advertisement No. R2/2020 for filling up of various post of teachers prescribing the last date for submission of online applications as on 31.08.2020, which was extended to 05.09.2020. The petitioner applied and submitted his credentials. The petitioner was called for interview on 21.12.2020 and upon further assessment by the Selection Committee held on 21.12.2020, he was selected for the post of Professor, in the Bhupen Hazarika School of Mass Communication, KKHSOU. Thereafter, the Board of Management approved the selection and appointment of the petitioner. Accordingly, the petitioner was appointed vide letter dated 24.12.2020 and he joined his service on 01.02.2021. After completion of probationary period of one (1) year, the service of the petitioner was confirmed vide letter dated 11.03.2022 w.e.f. 01.02.2022 by the Registrar with the approval of Vice-Chancellor.

5. While the petitioner was serving as Professor, he was served with a show-cause notice dated 03.04.2023 directing the petitioner to provide his “opinion” about the findings and decision of the Enquiry Committee constituted as per the 69th Board of Management meeting held on 19.01.2023 and on the resolution of 70th meeting of the Board of Management held on 10.03.2023 for taking action against the petitioner. It is contended that the show-cause notice was only with respect to petitioner’s eligibility as a Professor, Bhupen Hazarika School of Mass Communication, KKHSOU. In the show-cause notice, the report of the Enquiry Committee was annexed.

6. It is the contention of the petitioner that the resolution passed in the Board of Management held on 19.01.2023, indicates that the relevant resolution was with regard to the Selection Procedure pertaining to the selection and appointment of the petitioner, and the Enquiry Committee also was given mandate for looking into the “selection procedure”. Whereas, the show-cause notice dated 03.04.2023 was in relation to the petitioner’s qualifications.

7. In response to the show-cause notice, the petitioner vide letter dated 04.04.2023 has sought for and authenticated copies of certain documents relied on by the Enquiry Committee, before submitting his reply. The documents sought for by the petitioner were provided on 18.04.2023. It is contended that without having been afforded any opportunity to present his case before the appropri