AAFTAB AHMED Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Ajay Veer Pundir, learned Counsel for the petitioner, Sri J.C. Pande, learned Brief Holder for the State Government, Sri Paresh Tripathi, learned Counsel for the H.N.B. Garhwal Central University, and Sri Pramod Bailwal, learned Counsel for the 4th and 5th respondents.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a writ of certiorari to quash the impugned order of termination dtd. 8/10/2018 passed by the Committee of Management.

(3.) Facts, to the limited extent necessary, are that the petitioner was appointed as the Principal of the 4th respondent institution on 22/7/2015, on the 3rd respondent according his approval vide proceedings dtd. 6/7/2015. On completion of satisfactory service during probation, the petitioner's services were absorbed when grant-in-aid proceedings were issued on 11/8/2017. According to the petitioner, the 5th respondent was inimical to him, and it is in such circumstances that the impugned order of termination was passed on 8/10/2018. The petitioner would contend that, since the subject institution was provincialized by proceedings dtd. 27/9/2018, it ceased to remain a grant-in-aid institution thereafter, and became a Government College from that date; consequently, the impugned order of termination dtd. 08/10/2018, passed by the erstwhile Committee of Management, is without jurisdiction; even otherwise, the impugned order was passed without an enquiry being conducted into the allegations levelled against the petitioner; and the impugned order is bereft of reasons and is liable to be set aside.