Case Note & Summary
The case involved eight appeals against the judgment of the Allahabad High Court, which dismissed writ petitions filed by the appellants challenging their termination from Banaras Hindu University. The appellants, who held various academic positions, were terminated by the Executive Council based on resolutions passed on May 15, 1960, citing detrimental conduct to the university's interests. The appellants contended that the Executive Council could not invoke Ordinance No. 6 after initiating action under Statute No. 30, which required a specific procedure involving the Solicitor-General and a Reviewing Committee. They argued that the action taken was mala fide and a fraud upon the University Act. The University authorities maintained that they had the discretion to act under either Ordinance No. 6 or Statute No. 30. The Supreme Court analyzed the powers of the Executive Council as defined by the Banaras Hindu University Act and concluded that the Ordinances could not supersede the Statutes. The court held that the termination of services was ultra vires since the special procedure under Statute No. 30 had been invoked and could not be abandoned midway. Consequently, the court quashed the resolutions terminating the appellants' services, emphasizing the need for adherence to the statutory procedure (Paras 1-2).
Headnote
A) Administrative Law - Disciplinary Action - Validity of Termination - Banaras Hindu University Act, 1915, Section 30 - The Executive Council's action to terminate services under Ordinance No. 6 was invalid as the procedure under Statute No. 30 had already been initiated, which required adherence to specific procedural safeguards. The court held that the powers granted by the Ordinances are subject to the Statutes, and thus, the termination was ultra vires (Paras 1-2).
Issue of Consideration
Whether the Executive Council of Banaras Hindu University could terminate the services of the appellants under Ordinance No. 6 after initiating action under Statute No. 30.
Final Decision
The Supreme Court quashed the termination resolutions passed by the Executive Council, holding that the action was ultra vires as it violated the procedural safeguards mandated by Statute No. 30 of the Banaras Hindu University Act, 1915.
Law Points
- Disciplinary action
- Statutory interpretation
- Ordinance vs Statute
- Employment termination procedures
