Dismissal of an employee without a fair inquiry violates natural justice principles and statutory provisions, making the writ petition maintainable despite alternative remedies.

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) Pass any writ, order or direction whereby the termination order dated 14.07.2025 be quashed and set aside and the proceedings undertaken by the respondents be declared illegal and illicit.

(ii) Pass any writ, order or direction whereby the respondent No.1 may be directed to reinstate the writ petitioners and the respondents also, be directed to allow the writ petitioner to continue on the post and status which he was holding.”

3. The material on record also indicated that on earlier occasion, a S.B. Civil writ petition No.9383/2025 was filed by the petitioner to challenge his suspension but same was dismissed as withdrawn on 23.06.2025.

4. After service upon respondents of this writ petition, respondent No.1 and 2 have filed their reply and thereafter petitioner has filed rejoinder to the reply.

5. Considering the submissions of learned Senior Advocate appearing on behalf of petitioner, the matter is considered for final disposal at this stage, therefore we are deciding this writ petition finally on merits.

6. Brief facts of the case are that the petitioner is an employee of University, and he has been appointed on 05.05.1996 pursuant to resolution of the Board of Management (BOM) by the Vice- Chancellor. In pursuant to a disciplinary proceedings instituted on complaints against the petitioner, the Vice-Chancellor of the University has dismissed the services without conducting departmental enquiry, by invoking Power under the 9(viii)(b) and (c) of Chapter IX of Official Statues of the University.

7. Learned Senior Advocate while placing reliance upon ground of writ petition submitted that the impugned order dated 14.07.2025 is passed by the Vice-Chancellor of the University, who is also Chairperson of the Board of Management (BOM) constituted under Sri Karan Narendra Agricultural University Act , 2013 (hereinafter referred as Act of 2013). He further submitted that the respondents have raised an objection that writ petition is not maintainable because departmental appeal is provided against the impugned order and without availing remedy of appeal instant writ cannot be filed. He also submitted that BOM is chaired by the Vice Chancellor, the petitioner is having reasonable apprehension of bias and influencing the decision of Board of Management therefore he has preferred to challenge illegal order by invoking extra-ordinary jurisdiction of this Hon’ble Court. He further submitted that it is not necessary for petitioner to adopt forum of statutory remedy by preferring departmental appeal to the Board of Management (BOM) of University.

8. Learned Senior Advocate further referred the material placed on record and submitted that Chancellor of the University, Ex-Officio Governor of the State has issued a circular on 01.02.2022 in continuation of previous circula