UNION OF INDIA Vs. SHARDINDU

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the order passed by the Division Bench of the High Court of Delhi whereby the Division Bench of the High Court has confirmed the order passed by learned Single Judge whereby learned Single Judge has set aside the order passed by the Union of India dated 18.11.2005 purporting to terminate the deputation of the respondent as Chairperson, National Council for Teacher Education (for short, NCTE).

(3.) LEARNED Single Judge after considering the matter took the view that there was no question of invoking the pleasure doctrine in the present case under Article 310 of the Constitution of India and the respondent was not on deputation, therefore, his services could not be terminated and he could not be repatriated back to the State of Uttar Pradesh. It was also held that since the incumbent was appointed under the Act of 1993 and he had not incurred any of the disqualifications mentioned in the Act, therefore, his services could not be terminated. It was also held that as per the method of termination of an incumbent as provided under the Act, his services could only be terminated in the manner as provided under the Act and none else. LEARNED Single Judge allowed the writ petition and set aside the order passed by the Union of India. Against the order passed by learned Single Judge of the High Court, a writ appeal was filed by the appellants before the Division Bench of the High Court which confirmed the order passed by the learned Single Judge, by order dated 27.7.2006. Hence aggrieved against the impugned order dated 27.7.2006 passed by the Division Bench of the High Court of Delhi, the present Special Leave Petition was filed by the appellants.