BIRSA AGRICULTURE UNIVERSITY Vs. MD. MOKHTAR MANSURI

JUDGEMENT

(1.) LPA Nos. 147, 148, 149, 150, 154 and 210 of 2016 have been preferred by Birsa Agriculture University and LPA Nos. 130, 131, 132, 133 and 134 of 2016 have been filed on behalf the Chancellor of the University. Challenge in these Letters Patent Appeals is to order dated 19.02.2016 passed in W.P.(S) No. 3213 of 2014 and batch cases.

(2.) When 53 out of 147 employees appointed pursuant to Advertisement Nos. 1/2008 and 2/2011 faced the guillotine, crying 'condemned unheard' thus came before the Writ Court which quashed the order of termination from service and ordered their reinstatement in service. The appellants, aggrieved of the aforesaid order have challenged the Writ Court's order primarily on the ground that the largescale illegality committed in appointment of the respondents must deprive them of the protection of the rules of natural justice.

(3.) Before adverting to the rival contentions, the brief facts sans unnecessary details are recorded hereunder; The respondentwrit petitioners were appointed on GradeIII and GradeIV posts, pursuant to Advertisement Nos. 1/2008 and 2/2011. The Chancellor, on receipt of complaints of irregularities committed in selection of 147 persons pursuant to the aforesaid advertisements, ordered an enquiry by a judicial officer namely, S.S. Rao who was posted as OSD to the Hon'ble Governor, vide order dated 04.08.2011. The respondents were appointed vide appointment letters dated 21.05.2011. The enquiry report dated 19.04.2012 reveals serious irregularities in the appointments made. The Principal Secretary to the Governor wrote letter dated 26.07.2012 to the University to issue showcause notice to the individual employees thus appointed. The University was required to forward its opinion after obtaining reply from the employees, so that a final decision is taken in the matter. Accordingly, showcause notices in the form of questionnaire were issued to the appointees and the University forwarded their reply with its comments to the Chancellor. It appears that vide notification dated 03.10.2013, One Man Judicial Enquiry Commission headed by Hon'ble Mr. Justice Vikramaditya Prasad was appointed to enquire into the alleged illegal appointment of GradeIII and GradeIV employees in the University. The One Man Judicial Enquiry Commission submitted its report on 26.04.2014 which was accepted by the Hon'ble Chancellor and a direction was issued to the University to terminate the services of 53 employees; a list containing their names was appended to letter dated 12.06.2014. Consequently, order of termination from service dated 13.06.2014 was issued by the University which was challenged before the Writ Court.