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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Priti Kalla, W/o Sh. Rajendra Kalla – Appellant
Versus
Jai Narain Vyas University – Respondent
| Table of Content |
|---|
| 1. petitioner's employment history and service status. (Para 2 , 3 , 4 , 5) |
| 2. legal arguments regarding termination and procedures. (Para 6) |
| 3. service regulations and applicability of leave provisions. (Para 10 , 12 , 14 , 15 , 16) |
| 4. requirements for misconduct and inquiry obligations. (Para 21) |
| 5. court's no-interference stance concerning termination. (Para 30 , 32 , 38) |
ORDER :
REKHA BORANA, J.
1. The present petition has been filed aggrieved of order dated 30.07.2007 (Annex.30) whereby the petitioner was terminated from service.
2. The facts are that the petitioner was engaged as a Part time Teacher with Jai Narain Vyas University, Jodhpur vide order dated 14.02.1992. Subsequently, a recruitment process for regular recruitment to the post of ‘Assistant Professor in Electronics and Communication Engineering’ was initiated and the petitioner too participated in the same. Vide letter dated 12.08.1999, her name was recommended for appointment and she was granted appointment. After the completion of the probation period, vide order dated 28.08.2000, she was confirmed on the post of ‘Assistant Professor’. In the year 2002, the petitioner, being desirous for undertaking her
Termination can occur for willful absence from duties without need for inquiry if employee fails to comply with leave regulations.
Judicial Review - The power of judicial review available to the High Court as also to this Court under the Constitution takes in its stride the domestic enquiry as well and it can interfere with the ....
Unauthorized absence from duty without prior permission or timely communication justifies dismissal under applicable regulations.
Rule 56(4) specifically mandates that a teacher shall cease to be in service after a continuous absence of 5 years, whether with or without leave.
The main legal point established in the judgment is the requirement for employees to adhere to procedural and leave rules, respond to requests for documentation, and comply with disciplinary proceedi....
Termination of service without a mandatory inquiry violates procedural safeguards, and authorities must justify any bypassing of these procedures.
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