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TRIBHUVAN DAHIYA
Veena Singh – Appellant
Versus
B. R. Ambedkar National Uaw University, Sonepat – Respondent
JUDGMENT
Tribhuvan Dahtya, J.
The petition has been filed seeking a writ of certiorari quashing the office order dated 01.03.2024, Annexure P-6, whereby the petitioner, who was working as Deputy Registrar in the respondent University, stands repatriated to her parent Department-respondent no. 3/Directorate of Secondary Education.
2. Succinctly, facts of the case are, the petitioner was initially appointed as Principal, Government Senior Secondary School under the Department of Secondary Education, by way of direct recruitment, and joined as such on 22.07.2008. While working there, she made an application, dated 11.09.2020, for appointment as Deputy Registrar on deputation in the respondent University. Considering her qualification, work experience, profile and exigency of official work, the request was accepted and she was offered the post on deputation basis initially for a period of one year, extendable up to three years, vide appointment letter dated 24.09.2020, Annexure P-1. Accepting the offer, she joined the University on the post.
2.1. Sometime later, the Vice-Chancellor constituted a Committee to fix "the responsibility of administrative lapse and examine the irregularity, if
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.
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.
Employment and Service matter - Lecturer in DIET post - Transfers of Petitioner - It is trite that transfer is an incidence of service and as long as the authority acts keeping in view administrative....
A transfer order executed without adhering to due process is deemed punitive and illegal, impacting the employee’s rights and entitlements.
The Vice-Chancellor of the university lacks the authority to transfer employees absent explicit provisions in the governing Act, rendering the transfer order invalid.
The court reinforced that annulments of administrative orders require adherence to procedural legitimacy and notification, establishing that discretionary actions should adhere to principles of natur....
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