HEMANTA KUMAR KALITA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who had been working on the post of Associate Professor with the respondent No. 2 North Eastern Hill University, Shillong ['the University'] in its department of Information and Technology and who was granted three advance increments for having obtained Ph.D. Degree while in service, has preferred this writ petition on being aggrieved of the orders dated 26.05.2015, 08.06.2016 and 15.07.2016 (Annexures 15, 18 and 20) whereby, the said grant of advance increments was withdrawn and recovery of the payment already made was ordered. The petitioner has also questioned the communication dated 06.04.2015 (Annexure 14), as said to have been sent by the Under Secretary to the University Grants Commission ['UGC'] on whose basis, the advance increments given to him were withdrawn.

(2.) Having heard learned counsel for the parties and having perused the material placed on record, this Court is clearly of the view that the action of the respondent-University against the petitioner suffers from the fundamental flaw of want of adherence to the basic principles of natural justice where he was not afforded an adequate opportunity of hearing before taking the action prejudicial to his interest. Therefore, on the given set of facts and circumstances, it appears just and proper that while setting aside the orders impugned, the matter be restored for reconsideration of the Vice Chancellor of the respondent-University in accordance with law. In this view of the matter, dilation on all the factual aspects and other contentions of the parties on merits is not necessary; only a brief reference to the background aspects would suffice.

(3.) The background aspects relevant for the present purpose, put in brief, are that the respondent-University issued the Employment Notice dated 07.12.2011, inviting, inter alia, applications on the prescribed format for appointment of two Associate Professors in the Department of Information and Technology. The essential qualification for this post of Associate Professor was stated as under:-