RAJENDRA PRASAD Vs. C. RAMESH

JUDGEMENT

(1.) This appeal is preferred against the order of the learned Single Judge dated 05.11.2015 in Cont. Case (C) No.65/2015.

(2.) Brief facts of the case are that the respondent herein, who was working as the Assistant Registrar in Vallabhbhai Patel Chest Institute (for short 'VPCI') filed W.P.(C) No.2110/2013 assailing the termination of his services by order dated 18.02.2013. The learned Single Judge allowed the writ petition by order dated 29.01.2014 and set aside the order of termination holding that the Governing Body of VPCI on its own cannot hold a meeting and thereby confer a power upon itself which the Executive Council of University of Delhi has not conferred on it. However, it was left open to the respondents to continue the disciplinary proceedings, if permissible in law, subject to necessary powers being conferred upon it by a specific or general resolution of the Executive Council.

(3.) Challenging the said order dated 29.01.2014 in W.P.(C) No.2110/2013, VPCI filed LPA No.106/2015. The said appeal was disposed of observing that the matter of disciplinary action could be considered by the Executive Council of the University of Delhi. The operative portion of the order in LPA No.106/2015 may be reproduced hereunder for ready reference: