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 justice when disengaging an employee.

ORDER :

1. In the instant petition, filed under Article 226 of the Constitution, the petitioner has prayed for the following reliefs:-

WRIT OF CERTIORARI:

i) Quashing the impugned order dated: 16-08-2022, issued vide no. IITJmu/Estt.II/14-14/50/2022/263, by virtue of which the petitioner was given one month termination notice arbitrarily without assigning any reason.

WRIT OF MANDAMUS:

ii) Commanding upon the official respondents, to allow the petitioner to continue his services in IIT Jammu till his tenure expires or he intends to work.

iii) Directing the official respondent no. 1 to look into the financial irregularities being committed in IIT Jammu by the officials of IIT Jammu as being raised by the petitioner in his letter to respondent no. 1 dated: 16-08-2022 seeking Arbitration over the issues faced by him in the institute, in as much as, to constitute a high level committee to inquire into the same and to take action under law.

iv) Directing the official respondents to fix the salary of the petitioner as per Office Memorandum of 09-12-2020, dealing with remuneration in case of contract appointment of retired central govt. employees.

2. The facts under the cover of which the aforesaid reliefs have been prayed are that the respondents issued an advertisement Notice No.IITJmu/Estt.II/11-16/14/2021/218 dated 27.06.2022 inviting online applications from qualified Retired Indian Nationals for filling up 02 posts of Project Officers with the salary package of Rs.50,000/- – Rs.80,000/- p.m. on consolidated basis, prescribing the eligibility for the said posts as graduate with atleast 55% marks from recognized University/ Institute with preference to a candidate holding MBA degree in the field of HR, Finance, Operations Management or Logistics Management.

3. The petitioner states to have applied in response to the aforesaid notification being a retired BSF Commandant, whereupon facing the process of selection, the petitioner came to be appointed on contract as Project Officer (Administration & Establishment) in terms of Order No. IITJmu/Estt.II/1/235 dated 05.07.2022 whereupon he joined on 06.07.2022 (FN) in terms of Office Order No. IITJmu/Estt.II/14-14/50/2022/237 dated 06.07.2022.

4. It is being next stated that during his working in the respondent-Institute, the petitioner pointed out certain financial irregularities and illegalities committed in the Institute causing financial loss to the Institution, as also lack of transparency as a measure of counter blast to which, the respondents disengaged the petitioner in terms of Order No. IITJmu/Estt.II/14-14/50/2022/263 dated 16.08.2022 (for short “the impugned order”).

5. The petitioner has maintained the instant petition on the following grounds:-

i. That, the impugned one month notice for termination of services vide dated: 16-08-2022 at around 3:30 PM was communicated to the petitioner, after the petitioner communicated letter dated: 16-08-2022 at around 11:00 AM to respondent no. 2 seeking Arbitration over the issues being faced by the petitioner in the institution i.e. IIT Jammu, which are very indispensable in nature, as the petitioner has pin pointed irregularities and illegalities committed in the IIT Jammu which needed to be addressed, in as much as, impediments were caused in free functioning of the petitioner as Assistant Registrar Administration and Establishment which included freezing his E.Gov. Portal, not giving free access to records, files of his office. Therefore, the impugned order dated: 16-08-2022 terminating services of petitioner with one month advance notice is passed with mala-fide intentions and need to be quashed and set-aside.

ii. That, the impugned order has been passed without assigning reasons, which is not permissible under law and is unconstitutional, as a person who is about to be deprived of anything, has a right to know the reasons behind the same, because reasons constitutes the soul of an order, in as much as, any order without assigning reasons amount