Case Note & Summary
The petitioner, Dr. C. Basavaraju, was appointed as Professor of Law by the University of Mysore on 12.07.2007 and was granted annual increments. In exercise of power under Section 17 of the Karnataka State Universities Act, 2000, he was appointed as Registrar of the University of Mysore on 24.06.2013 vide order Annexure-E. The petitioner had earlier filed W.P.No.8063/2014 seeking a declaration that he is deemed to have been confirmed as Professor with effect from 11.07.2009, which was allowed in part and the respondents were directed to consider his representation dated 25.01.2014. By an order dated 29.03.2014 (Annexure-A), the earlier appointment order (Annexure-E) was withdrawn, and the petitioner was restored to the post of Professor of Law. The petitioner challenged the legality of the order dated 29.03.2014 by filing this writ petition under Articles 226 and 227 of the Constitution of India. The court found that the impugned order was passed without affording any opportunity of hearing to the petitioner, thereby violating principles of natural justice. Consequently, the court quashed the order dated 29.03.2014 and directed the respondents to consider the petitioner's case afresh after giving him a reasonable opportunity of being heard. The writ petition was allowed in part.
Headnote
A) Service Law - Appointment - Withdrawal - Natural Justice - Section 17, Karnataka State Universities Act, 2000 - The petitioner was appointed as Registrar under Section 17 of the Act. The impugned order withdrew the appointment without giving any opportunity of hearing to the petitioner. Held that the order is violative of principles of natural justice and is liable to be quashed. (Paras 1-3)
Issue of Consideration
Whether the order dated 29.03.2014 withdrawing the appointment of the petitioner as Registrar of University of Mysore, made under Section 17 of the Karnataka State Universities Act, 2000, is legal and valid.
Final Decision
The writ petition is allowed in part. The impugned order dated 29.03.2014 (Annexure-A) is quashed. The respondents are directed to consider the petitioner's case afresh after affording him a reasonable opportunity of being heard.
Law Points
- Natural justice
- opportunity of hearing
- withdrawal of appointment
- Section 17 Karnataka State Universities Act
- 2000
- Articles 226 and 227 Constitution of India
