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SANJEEV SACHDEVA, VINAY SARAF
Vice Chancellor, Dr. Hari Singh Gour Vishwvidyalaya, Sagar – Appellant
Versus
Ranjan Kumar Pradhan – Respondent
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
The court emphasized adherence to procedural fairness and legitimate expectations in administrative appointments, allowing reinstatement due to unjust termination based on misrepresentation and ante-....
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 court ruled that termination without following statutory procedures is illegal, and insufficient experience does not constitute fraud, thus reinstating the employee.
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....
The principles of natural justice necessitate a hearing prior to adverse administrative decisions impacting employment continuity, particularly when previous performance has been approved.
Point of law: it is always permissible for the authority not to perpetuate illegality once having been noticed and here in the instant case, from the initial stage itself, before allowing the petitio....
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....
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