Rajasthan High Court
Honble DR. B.S. CHAUHAN, J.
Dr. (Mrs.) Daksha Sankhla, through Ajay Singh the Power of Attorney holder - Appellant
Versus
Jai Narain Vyas University, Jodhpur & others - Respondents
S.B. Civil Writ Petition No. 1637 of 1998
Decided On : February 15, 2001
(2). The facts and circumstances giving rise to this case are that petitioner had been appointed temporarily as Lecturer in Botony Department in the respondent University vide order dated 27.10.1969. She stood confirmed on 14.12.1972 and later on promoted as Associate Professor on 24.12.87. She proceeded on leave for doing the Post Doctoral Research in the United States of America and stayed there from 29.8.90 to 15.10.96. Petitioner came to India on 16.10.96 and went back to U.S.A. again after applying for leave on 24.12.96. Petitioner sent several applications and FAX messages from there seeking extension of her leave on medical ground. She also sent a letter dated 19.3.97 stating that if her leave could not be extended, she may be given voluntary retirement. However, her services stood terminated vide order dated 28.7.97. Hence this petition.
(3). Mr. B.D. Purohit, learned counsel for the petitioner, has submitted that petitio- ner was a permanent and confirmed employee who had served for more than twenty-five years in the University and she could not have been terminated so unceremoniou- sly. His entire case is that under no circumstance, the service of a confirmed employee can be terminated without holding an enquiry. Moreso, an agreement between the parties had been entered into at the time of appointment, which provided a detailed procedure of termination in case of misconduct etc., which has not been followed.
(4). Mr. J.P. Joshi, learned counsel for respondent University, has raised the preliminary objection regarding maintainability of the writ petition on the ground that the petition has been filed by petitioner through the Power of Attorney-holder, which is not permissible and it is also liable to be dismissed on the ground of delay and laches as the termination order dated 28.7.97 has been challenged by filing the petition on 13.5.98. Moreso, full- fledged enquiry was not required to be held for the reason that the petitioner was never sanctioned the leave and she was informed, vide, telegram on 7.9.97 (Annx. R/2) that the learned Vice Chancellor had refused to grant the leave and a notice dated 22.2.97 (Annx. R/3) was also served upon her to show cause why her services be not terminated being wilfully absent from duty. Petitioner did not file any reply to the said show cause, hence the order has been passed terminating her services in view of the provisions of Clause (5) of the Ordinance 327 of the University.
(5). The issue of filing a writ petition through Power of Attorney-holder is no more res-integra as it has been considered by the Honble Apex Court time and again. In Charanjit Lal Choudhary vs. Union of India & ors. (1), the Constitution Bench of the Supreme Court held that the legal rights that can be enforce in writ jurisdiction must ordinarily be the rights of the petitioner himself/herself, who complains of infraction of such right and approaches the Court for relief. ``The right that can be enforced under Article 226 shall ordinarily be the personal or individual right of the petitioner himself, though in the case of some of the writs like habeas corpus or quo warranto, this rule may have to be relaxed or modified.
(6). In the State of Orissa vs. Madan Gopal (2), the Constitution Bench of the Supreme Court held that the language of the Article itself shows that the issue of writs or directions by the Court is founded only on its decision that a right of the aggrieved party has been infringed.
(7). Again, a Constitution Bench of the Supreme Court considered this issue in Calcutta Gas Co. (Proprietory) Ltd. vs. State of West Bengal & ors. (3), and held that except in a writ of habeas corpus or quo warranto, the person can approach the Court only for redressal of his personal grievances.
(8). In State of Punjab & Anr. vs. Suraj Prakash Kapur (4), the
1. Charanjit Lal Choudhary vs. Union of India & ors. (AIR 1951 SC 41)
2. State of Orissa vs. Madan Gopal (AIR 1952 SC 12)
3. Calcutta Gas Co. (Proprietory) Ltd. vs. State of West Bengal & ors. (AIR 1962 SC 1044)
4. State of Punjab & Anr. vs. Suraj Prakash Kapur (AIR 1963 SC 507)
5. State of Orissa vs. Ramchandra Dev (AIR 1964 SC 685)
6. Gaddle Venkataswara Rao vs. Government of Andhra Pradesh & ors. (AIR 1966 SC 828)
7. Jasbhai Motibhai Desai vs. Roshan Kumar Hazi Bashir Ahmed & ors. (AIR 1976 SC 578)
8. Cyril E. Fernandex vs. Sr. Myria Lydia & ors. (AIR 1977 SC 2145)
10. Jagir Singh vs. Ranbir Singh (AIR 1979 SC 381)
14. East India Commercial Co. vs. Collector of Customs (AIR 1962 SC 1893)
16. Bhagwan Datta Shastri vs. Ram Ratanji Gupta (AIR 1960 SC 200)
17. Fazal Bhai Dhala vs. Custodian General
18. State of J & K vs. Haji Wali Mohammad & ors. (AIR 1972 SC 2538)
22. State of Orissa vs. Dr. (Miss) Binapani Dei (AIR 1967 SC 1269)
23. Maneka Gandhi vs. Union of India (AIR 1978 SC 597)
24. Malik Ram vs. State of Rajasthan (AIR 1961 SC 1575)
25. Bishambhar Nath Kohli vs. State of U.P. (AIR 1966 SC 573)
26. State of Kerala vs. K.T. Shaduli Grocery Dealer etc. (AIR 1977 SC 1627)
28. Gujarat State Road Transport Corporation & Anr. vs. Mulu Amra (AIR 1994 SC 112)
31. Uptron India Ltd. vs. Smt. Shammi Bhan (AIR 1998 SC 1681)
34. Shahoordul Haque vs. The Registrar, Co-operative Societies
38. Union of India vs. P.K. Roy & ors. (AIR 1968 SC 850)
39. Channabasappa Basappa Happali vs. State of Mysore (AIR 1972 SC 32)
41. S.L. Kapoor vs. Jag Mohan (AIR 1981 SC 136)
42. State of U.P. vs. O.P. Gupta (AIR 1970 SC 679)
43. Rae Bareli Kshetriya Gramin Bank vs. Bhola Nath Singh & ors. (AIR 1997 SC 1908)
52. H.C. Sarin vs. Union of India (AIR 1976 SC 1686)
58. Rajendra Singh vs. State of M.P. (AIR 1996 SC 2736)
60. K.L. Tripathi vs. State Bank of India (AIR 1984 SC 273)
66. Jalandhar Improvement Trust vs. Sampuran Singh (AIR 1999 SC 1347)
61. Harpal Kaur Chahal vs. Director
9. Municipal Waraseoni & Anr. vs. Satish Chandra Jain & Anr. (1996) 7 SCC 29)
27. Punjab Land Development And Reclamation Corporation Ltd. vs. Presiding Officer
29. D.K. Yadav vs. J.M.A. Industries Ltd. (1993) 3 SCC 259)
30. Scooters India Ltd. vs. Vijay E.V. Eldred (1998) 6 SCC 549)
32. Scooters India Ltd. vs. M. Mohammad Yaqub & Anr. (2001) 1 SCC 61)
35. State of Haryana vs. Om Prakash & Anr. (1998) 8 SCC 733)
36. Vijay Singh Charan vs. Management
40. Kumaon Mandal Vikash Nigam Ltd. vs. Girja Shankar Pant & ors. (2001) 1 SCC 182)
44. Syndicate Bank vs. General Secretary
45. Punjab & Sind Bank & ors. vs. Sakattar Singh (2001) 1 SCC 214)
47. Aligarh Muslim University vs. Mansoor Ali Khan (2000) 7 SCC 529)
48. Union of India & Anr. vs. Mustafa & Najibai Trading Co. & ors. (1998) 6 SCC 79)
49. Dr. J. Shashidhara Prasad vs. Governor of Karnataka 7 Anr. (1999) 1 SCC 422)
50. M.C. Mehta vs. Union of India (1999) 6 SCC 237)
51. Designated Authority (Anti Dumping Directorate)
54. Maj. G.S. Sodhi vs. Union of India & ors. (1991) 2 SCC 382)
56. State Bank of Patiala & ors. vs. S.K. Sharma (1996) 3 SCC 364)
57. S.K. Singh vs. Central Bank of India & ors. (1996) 6 SCC 415)
59. Monika Jain vs. State of Rajasthan & ors. (1998 (1) RLW 71)
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