Case Note & Summary
The dispute arose from a suit filed by Ajit Singh Nandal against M.D. University, Rohtak, seeking a declaration that a notification declaring his post vacant was illegal. The trial court dismissed the suit, but the appellate court reversed this decision, finding that Nandal had been allowed to resume duty without conditions and that the declaration of vacancy constituted a removal from service without due process. The High Court dismissed the university's regular second appeal, affirming the appellate court's judgment. The Supreme Court, upon hearing the parties, found no grounds to entertain the appeal, concluding that the university did not establish that the High Court's dismissal was unsustainable. Consequently, the Supreme Court dismissed the appeal and allowed the respondent to proceed with executing the decree in accordance with law.
Headnote
A) Employment Law - Service Termination - Validity of Removal - Code of Civil Procedure, 1908, Section 100 - The court examined the legality of the declaration of a post as vacant and the removal of an employee without due process. The High Court's findings were upheld as the appellant failed to demonstrate any unsustainability in the dismissal of the appeal. Held that the absence of a proper inquiry rendered the removal invalid (Paras 2-5).
Issue of Consideration
Whether the grounds for the regular second appeal were sustainable.
Final Decision
The Supreme Court dismissed the appeal filed by M.D. University, affirming the High Court's judgment which had dismissed the regular second appeal. The court found no grounds to entertain the appeal and allowed the respondent to proceed with the execution of the decree.
Law Points
- Judicial review
- Appellate jurisdiction
- Employment law
- Service rules
- Mandatory injunction
