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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr Justice ANITA SUMANTH, G.Arul Murugan
Sasikantha Dash, S/o.Prafulla Kumar Dash – Appellant
Versus
Secretary to Government, Government of India, Ministry of Human Resource Developmet (MHRD), Department of Higher Education, Shastri Bhawan, New Delhi – Respondent
JUDGMENT :
G.ARUL MURUGAN, J.
The appellant had preferred the intra-court appeal challenging the common order dated 17.02.2022 in W.P.Nos.5836 of 2019 and 15341 of 2020.
2. The short facts to be noted in the appeal is that the Pondicherry University through their recruitment notification dated 15.12.2017 had invited applications for the post of Registrar, Finance Officer and Controller of Examinations by way of direct recruitment or by deputation. The appellant had applied, who on being successful, was called for interview and ultimately selected by the selection committee, pursuant to which, the appellant was appointed as the Registrar of Pondicherry University. His tenure to the post of Registrar was for a period of 5 years. He was relieved from Tagore Government Arts & Science College by the Government of Puducherry on 05.07.2018 and he had joined in the post of Registrar in the Pondicherry University. While he was serving as Registrar, the appellant received a mail on 20.02.2019 which informed that based on the decision of the executive council meeting, he was relieved from the office of Registrar.
3. The appellant had challenged the decision of the executive council in W.P.No.5836
An employee appointed by deputation is entitled to due process, including notice and an opportunity to respond before removal, as mandated by statutory provisions and constitutional protections.
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