High Court for State of TelanganaWP/25807/2015disposed of no costs

Vasimalla David Raju v. Acharya Nagarjuna University,

2015-08-19R.Kantha Rao3 pages

HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.25807 OF 2015

ORDER

This Writ Petition is filed seeking to declare the impugned order dated 25.07.2015 of the 1st respondent in terminating the services of the petitioner, as arbitrary and illegal.

Pursuant to the notification issued by the 1st respondent-University for the posts of Assistant Professors in the 2nd respondent-College, the petitioner applied for the same and was selected vide proceedings dated 11.8.2010 and thereafter, his services were extended. While so, the petitioner and other staff lodged a complaint before the 1st respondent alleging certain irregularities and illegalities committed by the 2nd respondent, who in turn, lodged a frivolous complaint against the petitioner for the offence punishable under Section 341 IPC and thereafter, terminated him from service. Perused the judgment of the Full Bench of this Court in Chinnam Pandurangam v. Mandal Revenue Officer, Serilingampally Mandal, Ranga Reddy District and others[1] wherein it is specifically held that the rules of natural justice are applicable in all judicial and

quasi-judicial proceedings.

In the instant case, the petitioner was terminated vide proceedings dated 25.07.2015 of the Vice Chancellor. Obviously, no notice was served on the petitioner and his explanation was not called for. The agreement entered into between the petitioner and the Executive Council of the University shows that both parties to the contract have the right to terminate the contract with one month's notice or in lieu of notice one month salary, without assigning any reason. The said clause in the agreement is not followed. Though another clause stipulates that the University may at any rate dispense with the services of an employee at any time in the event of misconduct on his/her part, it does not mean that the petitioner need not be put on notice before passing the order of termination. Therefore, the impugned order dated 25.07.2015 is suspended and the respondents are directed to continue the petitioner as per terms and conditions of the agreement.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________ JUSTICE R.KANTHA RAO

19th August, 2015 rkk [1] 2007 (6) ALD 348 (FB)