RAJIV CHOPRA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) Present Petition has been filed under Article 226 of the Constitution of India for quashing the letter dated 24.05.2020 whereby the Petitioner has been repatriated to his parent college, as also, for a direction to Respondent No. 1 to continue the Petitioner on the post of Officer on Special Duty-Principal (hereinafter referred to as 'OSD') in Respondent No. 2/ College. Quashing of the appointment of Respondent No. 4 on the post of OSD in Respondent No. 2 is also sought.

(2.) Case of the Petitioner is that on 01.10.2013, Petitioner was selected as OSD in Respondent No. 2/ College and continued on the said post. The appointment was made vide letter dated 30.09.2013 and was for a period of six months in terms of the provisions of Clause 7(3)(c) of Ordinance XVIII of University of Delhi. It is further averred that the appointment was extended vide letters dated 21.04.2014 and 25.09.2014, respectively. No order has been passed after 25.09.2014 and the Petitioner has continued on the said post, till the Impugned Order was passed on 24.05.2020.

(3.) It is averred by the Petitioner that on 24.05.2020, which was Sunday and a holiday, Respondent No. 1 passed the Impugned Order and the malafide is evident from the fact that on 25.05.2020, which was again a holiday, on account of Eid, Respondent No. 4, who has been appointed in place of the Petitioner, without any relieving letter from the Petitioner, joined the post. Letter dated 25.05.2020 was sent to the Petitioner at midnight and no formal handing over of charge took place, before Respondent No. 4 took over. It is averred that there was no urgency or any immediate cause to remove the Petitioner, from the post of OSD except, malafide on part of the Respondents. Petitioner feels humiliated by the manner in which he has been repatriated as well as the way he has been prevented from even entering the office, after dedicatedly serving for 6 years.