FAHEEN Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) Petitioner came to be engaged as Lecturer in the Department of Media Education Research Centre (MERC), on ad hoc basis by the respondent No. 1. Some other persons were also engaged as lecturers on ad hoc basis in different disciplines in the University, pursuant to selection made by a Committee constituted for the purpose and after the applications were invited through advertisement notice dated 21-8-1990. Petitioner along with some others apprehending their disengagement filed SWP No. 1513/1994, seeking a restraint order in respect to termination of their ad hoc services with the further prayer to allow them to continue on the post which they were holding at the relevant time. An interim order dated 21-12-1994 was passed which reads as under:

(2.) The grounds of challenge as contained in the writ petition are that the petitioner's termination is violative of principles natural justice, fair play and good conscience. It is contrary to the order of the Court passed in SWP No. 1513/1994, the impugned order is arbitrary.

(3.) During the pendency of the writ petition, a supplementary affidavit was filed wherein, additional grounds of challenge was incorporated to the effect that the order of termination is punitive as petitioner has been terminated on account of alleged absence from duty, for which enquiry was required to be conducted. It is also added that the termination of the petitioner is on account of mala fides on the part of the Vice Chancellor because of the reply submitted by him to the show cause notice issued to him.