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SANJAYA KUMAR MISHRA, ANANDA SEN
Central University of Jharkhand through its Registrar, Brambe, Mandar, Ranchi – Appellant
Versus
Kumar Pankaj Anand – Respondent
JUDGMENT :
Ananda Sen, J.
This Letters Patent Appeal is directed against the judgment dated 22.12.2021 passed in WP(S) No. 1532 of 2020, whereby the writ petition has been allowed and the order of termination of the writ petitioner has been set aside, directing the respondents-appellants to reinstate the writ petitioner-respondent herein forthwith with all consequential benefits.
2. Counsel for the appellant-Central University of Jharkhand argues that the impugned order is bad as it failed to take into consideration that the petitioner had only nine years nine months experience on the date of advertisement whereas the criteria was of 10 years, thus his appointment itself is void ab initio. As the qualification of ten years experience was an essential qualification and the same was not relaxable, the only consequence of non-fulfillment of the aforesaid qualification, was removal of the petitioner from service. He further contended that on the facts of the case, it was not necessary to hold a regular departmental enquiry as there was lack of basic qualification of the petitioner, thus any departmental proceeding would have been an empty formality. As per him, this aspect has been lost s
The court ruled that termination without following statutory procedures is illegal, and insufficient experience does not constitute fraud, thus reinstating the employee.
The main legal point established is the requirement of adherence to the principles of natural justice, including providing an opportunity of hearing, in termination proceedings, and the applicability....
Termination without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.
Point of law: it is always permissible for the authority not to perpetuate illegality once having been noticed and here in the instant case, from the initial stage itself, before allowing the petitio....
Employment and Service Matte – Terminated from service - Petitioner was not eligible and qualified for being appointed to post of Controller of Examination and has no right over post in question
Probationary employees possess statutory protections and cannot be terminated without following prescribed procedures under the governing statute, which mandates documented grounds for unsuitability ....
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