ORDER

Saraf, J. -- 1. Instant intra court appeal is preferred by appellants assailing order dated 31.05.2024 1.05.2024 passed by learned Single Judge in WP No.29611/2023 whereby the writ petition preferred by respondent ent No.1 (original petitioner) was allowed and minutes dated 01.12.2023 passed by Executive Council of Dr. Hari Singh Gour University, Sagar were set aside and the responde respondent No.1/petitioner was directed to be reinstated on the post of Registrar of the University.

2. Parties have advanced arguments for the purpose of final disposal of the instant writ appeal.

3. Short facts of the case are as under;--

3.1 Appellant No.2/University issued an advertisement on 2.2.2022 and invited applications for the post inter alia Registrar from the eligible candidates.

3.2 Respondent No.1- No.1 Dr. Ranjan Kumar Pradhan (hereinafter referred to as 'petitioner') online applied for the post of Registrar on 15.3.2022 and the Executive Council ouncil of the University (hereinafter referred eferred to as 'appellant') in its 29th Meeting held on 20th December, 2022 on the recommendation of the Screening and Selection Committee approved his appointment to the post of Registrar in the University at the Pay Level - 14 and consequently on 29.12.2022 22 appointment order was issued.

3.3 Petitioner was relieved by DRT Guwahati Guwah vide order dated 29.12.2022. However, NITI Aayog (National Institution itution for Transforming India) accepted the voluntarily retirement request of the petitioner on 7.3.2023 and therefore, the petitioner could not join on the post of Registrar of the appellant University immediately. Thereafter, the University verified information from NITI Aayog as well as DRT Guwahati regarding experience of the petitioner and issued a show cause notice to him mentioning therein that as per the information received from NITI Aayog Aayog, it is found that he does not fulfill the requisite period of qualifying service and he had furnished false information in order to secure appoint appointment on the post of Registrar. Before issuance of show cause notice, a Committee examined the documents and submitted the report on 8.11.2023 recommending cancellation of appointment of petitioner.

3.4 Petitioner submitted ubmitted his reply to show cause notice dated dated 13.11.2023 13.11.2023, wherein he denied all the allegations and submits that hat he is eligible and satisfies all the requirements requirement for appointment to the post of Registrar. However, the Executive Council resolved on 1.12.2023 to recall the appointment order of petitioner peti and to remove him from the post of Registrar with immediate effect on the allegation that he does not fulfill eligibility criteria for the post of Registrar in terms of qualification and experience prescribed in Advertisement dated 2.2.2022. Notif Notification dated 02.11.2017 issued by Government of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi was also relied by the Executive Council, which provides the required qualification for the post of Registrar of University.

3.5 Petitioner assailed the show cause notice dated 13.11.2023, communication dated 20.11.2023 and Resolution dated 1.12.2023 in WP No.29611/2023 on various grounds inter alia the petitioner possesses the requisite work experience and was fully qualified and eligible for appointment to the post of Registrar and without any Departmental Enquiry, the services of the petitioner could not be terminated.

3.6 Learned Single Judge by order dated 31.5.2024 allowed the petition filed by the petitioner mainly on the ground that the impugned order dated 1.12.2023 suffers from violation of principles of natural justice as before terminating the services of the petitioner, no regular departmental mental enquiry was conducted and prima facie it was not not clear that petitioner suppressed any material or supplied false informations. The learned Single Judge ordered to reinstate the petition