UDHNA ACADEMIC EDUCATION TRUST Vs. ASHISH CHITRANJAN MEHTA

JUDGEMENT

(1.) XXX XXX XXX

(2.) XXX XXX XXX

(3.) The Applicant before the Tribunal was constrained to approach the Tribunal by filing an Application under Section 8 of Gujarat Affiliated Colleges Services Tribunal Act, 1983 (hereinafter referred to as "the Act ") on being aggrieved by the order dated 12.5.2004 passed by the Petitioner-Institution, whereby, the services of the Applicant - Respondent No. 1 were terminated. Several contentions were raised before the Tribunal, inter-alia, contending that the order of termination was illegal, inasmuch as, though the Applicant was appointed on probation for a period of two years vide order dated 14.7.2002, his services could not have been terminated in the manner they were. A specific contention was raised in the Application that order was punitive. The contention was also raised that the termination order passed by the Petitioner herein was in midst of academic session and, therefore, the cause of terminating the services of Respondent No. 1 was not in accordance with law. A reply was filed by the Petitioner-Institution raising various contentions.