MANAGING COMMITTEE Vs. SABIR HUSSAIN

JUDGEMENT

(1.) The present Letters Patent Appeal, filed by the Managing Committee of the appellant-College, is directed against the impugned order passed by the Learned Single Judge in CWP-18000-2020 on 12/1/2021 whereby the writ petition was allowed, setting aside the termination order dtd. 4/12/2009 (Annexure P-10) and the appellate order dtd. 12/10/2020 (Annexure P-18).

(2.) Vide the said order, Learned Single Judge came to the conclusion that without conducting a regular enquiry, the services of respondent No.1 could not have been terminated even in case of a probationer since the order contained reasons that it was on account of serious misconduct on the part of the employee. It was, accordingly, held that it was not done in accordance with the rules and a charge-sheet must be issued and the employee was required to file his reply thereto. Resultantly, liberty was given to pass a fresh order in accordance with law while placing reliance upon the judgments in Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences 1999 (1) SCT 861, Union of India and others Vs. Mahaveer C.Singhvi 2010 (3) SCT 578 and Ashok Kumar Chopra Vs. Union of India and others 2019 (2) SCT 262.

(3.) Counsel for the writ petitioner/respondent No.l herein, Mr.Namit Kumar has vehemently defended the said order and submitted that the Learned Single Judge was well within his jurisdiction to pass the impugned order. No prejudice was caused to the Managing Committee which had been given a opportunity to enquire into the matter and an opportunity had also been given to the concerned employee. An order of termination could have been passed only after following the said procedure since the termination order was passed on a finding that it was a case of misconduct.