Back
MITALI THAKURIA
Subhas Chandra Karmakar – Appellant
Versus
Apex Professional University, Through its Registrar – Respondent
JUDGMENT :
Mitali Thakuria, J.
Heard Mr. M. Mili, learned counsel for the petitioner and Ms. J. Zongluju, learned counsel appearing for the respondents.
2. This is an application under Article 226 of the Constitution of India for writ in nature of certiorari and/or mandamus and/or any other writs, orders or directions.
3. This application has been filed challenging the order of termination, dated 22.12.2018, issued by the respondent No. 1/ the Apex Professional University (APU in short).
4. The case of the petitioner, in brief, is that the petitioner is a lecturer in English by profession with more than 23 years of teaching experience and also had held the post of a principle in two schools. He was appointed as lecturer in the Department of English in APU, Pasighat on 04.05.2018, vide its order dated APU/MC/RO/05/2018-283 on contractual basis for a period of 12 months from the date of joining, at a monthly salary of Rs.14,400/-(subject to statutory and other deductions as applicable).
5. Consequently, on 22.12.2018, the petitioner received a termination letter from his service with immediate effect on the ground that the management was not satisfied with the performance of the petitioner
The judgment establishes the importance of contractual compliance, including the submission of mandatory qualifications and adherence to prescribed dispute resolution processes, in employment dispute....
Termination without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.
Termination orders with allegations of misconduct require a formal inquiry and adherence to natural justice, even for contractual employees.
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....
The court emphasized the need for cause notice and due procedure of law before discontinuing the services of a contractual employee.
The main legal point established in the judgment is that the respondents must act fairly and justly, conduct a fair inquiry, and adhere to the principles of fair-play, good conscience, and natural ju....
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
