Case Note & Summary
The petitioner, Dr. Chandraprakash Dattarao Khedkar, was an Associate Professor at Dairy Technology College, Pusad, run by the Maharashtra Animal & Fishery Sciences University. He was appointed as Consortium Principal Investigator for a project sanctioned by the Indian Council of Agricultural Research under the National Agricultural Innovation Project. The project was to be implemented from October 2008 to January 2012 with a sanctioned outlay of Rs.7,23,31,600/-. The petitioner's services were terminated by an order dated 15/01/2014 passed by the Vice Chancellor. The petitioner appealed to the Chancellor, who dismissed the appeal by order dated 12/05/2016. The petitioner challenged both orders by way of a writ petition. The court found that the termination order was passed without holding any inquiry and without giving the petitioner an opportunity of hearing, which is a clear violation of the principles of natural justice. The appellate authority also failed to consider the merits of the case and merely dismissed the appeal on the ground of delay. The court held that both orders are unsustainable and quashed them. The court directed that the petitioner be reinstated in service with continuity and all consequential benefits, but without back wages.
Headnote
A) Service Law - Termination - Natural Justice - Violation of Principles of Natural Justice - Maharashtra Animal & Fishery Sciences University Act, 1998 - Termination of an Associate Professor without holding a disciplinary inquiry and without giving an opportunity of hearing is illegal and unsustainable. The court held that the termination order dated 15/01/2014 and the appellate order dated 12/05/2016 are quashed and set aside. (Paras 02-10) B) Service Law - Appellate Order - Duty of Appellate Authority - Maharashtra Animal & Fishery Sciences University Act, 1998 - The Chancellor, as appellate authority, failed to consider the merits of the case and merely dismissed the appeal on the ground of delay. The court held that the appellate order is also unsustainable as it did not address the violation of natural justice. (Paras 02-10)
Issue of Consideration
Whether the termination of the petitioner's services without holding a proper inquiry and without giving him an opportunity of hearing is valid in law.
Final Decision
The writ petition is allowed. The impugned orders dated 15/01/2014 and 12/05/2016 are quashed and set aside. The petitioner is directed to be reinstated in service with continuity and all consequential benefits, but without back wages.
Law Points
- Natural justice
- Termination without inquiry
- Violation of principles of natural justice
- Right to be heard
- Appellate authority's duty to consider merits
