Case Note & Summary
The dispute arose from the termination of Respondent No.1, an Assistant Professor at a private aided college affiliated with Hemwati Nandan Bahuguna Garhwal Central University. The termination followed allegations of misconduct made by a colleague, leading to an enquiry that found Respondent No.1 guilty. The college management conducted a preliminary enquiry and a fact-finding enquiry, ultimately terminating Respondent No.1's services based on the findings. Respondent No.1 challenged the termination in the High Court, which ruled in his favor, citing insufficient opportunity for defense during the enquiry. The college appealed to the Supreme Court, arguing that the enquiry followed proper procedures. The Supreme Court examined the enquiry process and agreed that Respondent No.1 was not afforded adequate opportunity to defend himself, thus violating the First Statutes. While the court upheld the High Court's decision to reinstate Respondent No.1 and grant him salary for the suspension period, it allowed the college to conduct a fresh enquiry into the charges if desired. The court emphasized that judicial review should focus on the decision-making process rather than the merits of the evidence presented in the enquiry.
Headnote
A) Employment Law - Termination of Service - Procedural Fairness - Uttar Pradesh State Universities Act, 1973, Section 50 - The court found that Respondent No.1 was not given sufficient opportunity to defend himself during the departmental enquiry, violating the prescribed procedures. The High Court's decision to set aside the termination was affirmed, allowing for a fresh enquiry if the college wished to proceed (Paras 11-12).
Issue of Consideration
Whether the enquiry conducted against Respondent No.1 was in conformity with the First Statutes.
Final Decision
The Supreme Court affirmed the High Court's decision to set aside the termination of Respondent No.1's services and directed that he be reinstated with salary for the suspension period. The court allowed the college to conduct a fresh enquiry into the charges if they wished.
Law Points
- Judicial review
- departmental enquiry
- procedural fairness
- termination of service
- opportunity to defend
