LAWS(CAL)-2022-3-87

DR. KAUSIK PAUL Vs. SEACOM SKILLS UNIVERSITY

Decided On March 23, 2022
Dr. Kausik Paul Appellant
V/S
Seacom Skills University Respondents

JUDGEMENT

(1.) By an order dtd. 22/2/2022, this Court had decided the issue of maintainability in favour of the petitioner. The writ petition is now being decided on merits.

(2.) The writ petitioner seeks an order for cancellation of a letter dtd. 19/7/2021 by which the writ petitioner was asked to discontinue his service as Assistant Professor in Bio-Sciences effective from 19/8/2021. The writ petitioner also seeks an order declaring Clause 6 of the letter of appointment dtd. 27/2/2021 to be declared illegal and null and void. Clause 6 of the letter of appointment provides for termination with the management reserving the right to terminate the services of the petitioner without any notice in case of misconduct and violation of the rules of the University.

(3.) Learned counsel appearing for the petitioner submits that the said clause in the letter of appointment is arbitrary and is contrary to the principles of natural justice as it confers unfettered power on the University to terminate the service of an employee without assigning any reason. Counsel submits that the University did not give a show-cause notice to the petitioner before issuing the impugned letter of discontinuation dtd. 19/7/2021. Counsel prays that the letter of discontinuation be set aside.