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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
Arjun Singh Baloda, S/o. Late Shri Suraj Bhan Singh – Appellant
Versus
Karan Narendra Agricultural University, Through Its Vice Chancellor – Respondent
| Table of Content |
|---|
| 1. writ petition filed against service dismissal (Para 1 , 2 , 3 , 4 , 6) |
| 2. arguments for petitioner against dismissal (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. jurisdictional questions raised (Para 16 , 17 , 18 , 19) |
| 4. legal standards for disciplinary proceedings (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. exceptions to alternative remedies (Para 35 , 36 , 37 , 38 , 39) |
| 6. impugned order's legality scrutinized (Para 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 7. procedural justification for dismissal (Para 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54) |
| 8. violation of natural justice confirmed (Para 55 , 56 , 57 , 58) |
| 9. writ petition successful, order quashed (Para 59 , 60 , 61) |
ORDER :
ASHOK KUMAR JAIN, J.
1. Instant writ petition is preferred by petitioner Dr. Arjun Singh aggrieved from order dated 14.07.2025 whereby the petitioner was dismissed from service by the Vice-Chancellor of Sri Karan Narendra Agricultural University, Jobner, Jaipur (hereinafter referred as “Univesity”), and for ready reference, dismissal order dated 14.07.2025 is reproduced as under:
2. Instant writ petition is preferred by the petitioner with following prayer:
“(I)
Dismissal of an employee without a fair inquiry violates natural justice principles and statutory provisions, making the writ petition maintainable despite alternative remedies.
The Chancellor's suspension of the Vice-Chancellor was invalid due to failure to consult the State Government, violating procedural safeguards and natural justice principles.
The main legal point established in the judgment is the interpretation of the provisions of Section 17(16) and (17) of the act of 1998 and the determination of the maintainability of the petitioner's....
The failure to issue a disagreement note when the disciplinary authority disagrees with the Enquiry Officer's findings constitutes a violation of natural justice, necessitating remittance for proper ....
Point of Law : Writ petition under Article 226 of the Constitution should not be entertained when the statutory remedy is available under the Act, unless exceptional circumstances are made out.
The Vice-Chancellor of a university has the authority to suspend and take disciplinary action against officers, including the Registrar, as per the Bihar State University Act, 1976.
The principle of natural justice does not apply to the issuance of an order of suspension as it is an ad-interim measure during the pendency of the departmental proceeding.
The court reaffirmed that a writ petition should not be entertained when an effective alternative remedy exists, except in exceptional circumstances.
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