DEVENDRA SINGH Vs. STATE

JUDGEMENT

(1.) MATTER has come up on application under Article 226(3) of the Constitution for vacation of ex -parte stay order passed by this Court dated 1st April, 2008, but with the consent of parties, the matter is heard at the stage of admission.

(2.) PETITIONER , who was holding the post of System Manager & Head, Computer Science & Engineering Department in Deenbandhu Chhotu Ram University of Science & Technology, Murthal, applied for the post of Principal, Engineering College, Bharatpur in pursuance of advertisement Ann.2 and after going through the selection process, the petitioner was appointed as Principal of Engineering College, Bharatpur vide order Ann.5 dated 27th October, 2005 on contract basis initially for a period of one year extendable to another two years on the condition of his work being found satisfactory at the end of initial tenure. However, Condition No. 6 was also stipulated in the order of his appointment that contractual appointment may be terminated at three months' notice or pay in lieu thereof. In pursuance of order of appointment, petitioner joined service on 1st November, 2007 and vide order Ann.12 dated 12th March, 2008 the respondents while invoking Condition No. 6 of the order of his contractual appointment, terminated his services and three months' notice pay in terms of Clause 6 was also sent to him with a separate letter which has been enclosed as Ann.13.

(3.) RESPONDENTS have filed their reply along with which justification has also been referred which is placed on record along with additional affidavit pointing out that Engineering College, Bharatpur has been established by the Engineering College Society, Bikaner and this is the first academic session of the College and the petitioner was appointed as Principal of the institution. It has been further averred that after he joined service, complaints were received one after another, of which reference has been made in detail in second additional affidavit filed by the respondents and looking thereto, a preliminary inquiry was also conducted and that too submitted his report on 10th March, 2008 in which reference has been made of alleged complaints Ann.RA/15. Taking note of report and other material which were placed before the concerned competent authority who also finally examined at Note Nos.56 & 57 placed for perusal and finally took decision to dispense with his services by making payment of three months' salary as referred to in Condition No. 6 and in view of final recommendations made the petitioner's services were dispensed with vide order Ann.12 dated 12th March, 2008. Counsel further submits that the petitioner was appointed on purely contractual basis and there was a condition stipulated that services can be terminated by three months' notice and and after taking note of complete material which came on record since calling upon the petitioner and holding inquiry certainly may impute some allegation, avoiding that situation the concerned competent authority considered appropriate by invoking Clause 6 of the order of appointment to dispense with his services.