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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
| Table of Content |
|---|
| 1. facts surrounding the appellant's appointment. (Para 1 , 2 , 3) |
| 2. argument surrounding the nature of appointment. (Para 4 , 5 , 11 , 12 , 13) |
| 3. court's analysis of legal principles and natural justice. (Para 6 , 7 , 8 , 9 , 10) |
| 4. nature of appointment and procedural issues. (Para 14 , 15 , 16 , 17 , 18) |
| 5. documentation related to the appointment and its implications. (Para 19 , 20 , 21 , 22 , 23 , 25 , 26) |
| 6. communication and notice issues related to termination. (Para 28 , 29 , 30 , 31 , 32) |
| 7. definitions and provisions under the university act. (Para 33 , 34 , 35 , 36 , 37) |
| 8. terms concerning appointment and removal provisions. (Para 38 , 39 , 40 , 41 , 42) |
| 9. rules governing disciplinary actions against employees. (Para 43 , 44 , 45 , 46 , 47) |
| 10. assessment of the fairness of proceedings. (Para 48 , 49 , 50 , 51 , 52) |
| 11. principles surrounding natural justice. (Para 53 , 54 , 57 , 58) |
| 12. conclusion on reinstatement of the appellant. (Para 59 , 60 , 61 , 62) |
| 13. final order and directions from the court. (Para 63) |
| 14. final ruling and directions for compliance by the university. (Para 64) |
JUDGMENT :
G.ARUL MURUGAN, J.
The appellant had preferred the intra-court appea
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.
The power to appoint, as defined by statute, implicitly includes the power to suspend or dismiss. When a transitional provision mandates an initial appointment by a higher authority, that authority f....
Existing pension at the rate of Central University be stopped - petitioner had been substantively appointed in the post of the Registrar of Tripura University. Hence, the service rendered by the peti....
The court held that the repatriation of the petitioner was illegal as it violated the Executive Council's resolution regarding her absorption as Deputy Registrar.
The court emphasized adherence to procedural fairness and legitimate expectations in administrative appointments, allowing reinstatement due to unjust termination based on misrepresentation and ante-....
In case of 'appointment on deputation', employer cannot claim employee has no right to continue till completion of deputation - Director's decision not to extend deputation must be based on evaluatio....
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....
The court emphasized the importance of affording an opportunity of hearing and conducting a departmental inquiry before imposing penalties on employees, in compliance with statutory provisions and co....
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