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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, G.Arul Murugan, JJ.
Dr.Sasikantha Dash, S/o.Prafulla Kumar Dash - Appellant
Versus
The Secretary to Government, Government of India, Ministry of Human Resource Developmet (MHRD), Department of Higher Education, Shastri Bhawan, New Delhi and ors. - Respondents
W.A.No.1190 of 2022 and C.M.P.No.7517 of 2022
Decided On : 19-02-2025
| 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 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 of 2019 and while the appellant was reverted to his parent department, a fresh notification was issued dated 08.09.2020 pertaining to the post of Registrar alone which was challenged in W.P.No.15341 of 2020 and the writ court by a common order dated 17.02.2022 had dismissed the challenge made to the new recruitment notification, however, partially allowed the other writ petition wherein the order in respect of reversion was upheld, however, the remarks made which had resulted in a stigma alone was directed to be expunged from the service records. Aggrieved by the decision of the writ court in upholding the decision of the executive council, the writ petitioner is on appeal.
4. Mr.Vijay Narayan, learned Senior Counsel for Mr.Stalin Abhimanyu appearing for the appellant argued that the appellant had been originally appointed as Assistant Professor by the UPSC and was later appointed in the Union Territory of Puducherry and was serving as Principal in the Tagore Government Arts and Science College, Puducherry.
5. Learned Senior Counsel further submitted that the recruitment notification issued by the Pondicherry University called for both direct recruitment and by deputation and from all the records available, it is certain that the appellant was appointed as Registrar by deputation. It is his further contention that when the selection and appointment is by way of deputation, the question of executing an agreement does not arise and therefore the stand taken by the University that since the agreement has not been executed, the appellant had not accepted the terms of appointment is baseless.
6. It is his further contention that when even as per the Univer
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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