The termination or removal of a college teacher under the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973, is invalid unless approved by the Executive Council of the University, as required by the College Code under Statute 28.

1. Facts relevant for disposal of this writ petition are that petitioner was employee of respondent No.1. He was appointed and working as Assistant Professor (Commerce). Respondent No.1/College is run and managed by Society registered under the Societies Registration Act. Petitioner while in service, a complaint was made against him by respondent No.2, who was working at that time as Principal of respondent No.1-College. On complaint made by respondent No.2, a meeting of Governing Body was convened on 03.12.2018 and pursuant to the decision taken therein, petitioner was suspended and departmental enquiry was initiated against him. Representatives of respondent No.3-University-cum-members of Governing Body have made complaint on 12.12.2008 before Kulpati of respondent No.3-University stating therein that there was violation of statutory rules in passing an order of suspension against petitioner. Three members Committee was constituted by Kulpati of respondent No.3-University and intimated to respondent No.1 vide letter dated 25.04.2019 and further observed to maintain status-quo with respect to services of petitioner till final outcome of enquiry. On 14.05.2019 Governing Body took decision to terminate services of petitioner with immediate effect and letter in this regard was issued on 15.05.2019 by respondent No.1 (Incharge - Principal). Petitioner submitted representation before Kulpati of respondent No.3-University against letter of termination dated 15.05.2019 pleading therein that order of termination is in serious violation of mandatory provisions. Respondent No.3-University on 03.10.2019 issued letter to respondent No.1-College directing to maintain status-quo with respect to the services of petitioner. Against letter dated 03.10.2019, respondent No.1- College and respondent No.2/complainant has filed writ petition bearing WPS No.10347 of 2019, which was partly allowed and disposed of vide order dated 30.11.2022 directing University to constitute Tribunal for deciding the appeal of respondent No.2 therein (petitioner herein). Against the order dated 30.11.2022 passed in WPS No.10347 of 2019, petitioner herein has filed Writ Appeal No.29 of 2023 and the said order was also assailed by the College and complainant i.e. petitioners in WPS No.10347 of 2019 by filing Writ Appeal No.39 of 2023 as also by University in Writ Appeal No.203 of 2023. All writ appeals were heard and disposed of vide order dated 01.08.2023 observing that there is no provision for constitution of such Tribunal and being so direction issued by learned Single Judge to be not in accordance with Chhattisgarh Vishvavidyalaya Adhiniyam, 1973 (In short “the Adhiniyam, 1973”). The writ appeal filed by Sonal Tiwari/appellant therein and (petitioner herein) and appeal filed by University were allowed, however, the writ appeal filed by College and complainant i.e. W.A. 39 of 2023 was dismissed and remitted back the case for its decision before the learned Single Judge.

2. When Writ Petition No.10347 of 2019 was taken up for hearing after remand, petitioner therein i.e. College and complainant (respondents No.1 and 2 herein) have filed an application for withdrawal of writ petition for the reasons mentioned that during the pendency of that writ petition, petitioner therein i.e. College was given “autonomous status”. Accordingly, the writ petition was dismissed as withdrawn vide order dated 22.04.2024. When petitioner herein was not reinstated in service eve