B RAJANNA Vs. NIMHANS BANGALORE

JUDGEMENT

(1.) The petitioner was appointed as a lecturer in Neuro Physiology in the National Institute of Mental Health and Neuro Sciences (NIMHANS) by a Memorandum dated 19th December, 1984. The Memorandum sets out several terms and conditions under which the appointment has been made to which reference will be made in the course of this order later.

(2.) By an official Memorandum dated 16-11-1985 as at Annexure-F, his services were terminated in accordance with the provisions contained in the Bye-laws. The termination was to take effect immediately. Aggrieved by the same, the petitioner has approached this Court for relief under Article 226 of the Constitution inter alia contending that the order isarbitrary, Violative of rules of natural justice and motivated on account of the malafides of the 2nd respondent-Dr. G.N.Nara- yana Reddy, the Director of the first-respondent Nimhans. It is also urged that the order terminating the service of the petitioner is made in colourable exercise of power.

(3.) The prayer of the petitioner is resisted by the respondents. They have filed their statement of objections. In the said return it is contended that under the general bye-laws of Nimhans, the appointing authority had the power to terminate the service of any employee without assigning reason after giving due notice or in lieu of notice the salary for the prescribed period. However, it is asserted that the removal of the petitioner was not motivated; it is not made with mala fide intention. It is further asserted that the 2nd respondent or the governing body of NIMHANS has no reasons to nurture any grievance or illwill against the petitioner. There is reference to certain other working arrangements obtaining in the organisation of the respondents in regard to research facilities for different Departments with which we may not seriously concern ourselves.