THE INDIAN INSTITUTE OF TECHNOLOGY, NEW DELHI Vs. JAWAHAR LAL MAMTANI
HIGH COURT OF DELHI
The Indian Institute Of Technology, New Delhi
Jawahar Lal Mamtani
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RAJINDAR SACHAR,J. -
(1.)This is an appeal against the order of the learned single Judge (H. L. Anand, J.) by which he allowed the writ petition and quashed the Memorandum dated 2-12-71 issued by the appellant informing the respondent that his services are no longer required and that he was given notice that his services shall stand terminated w. e. f. the date of expiry of one month from the date of issue of this notice.
(2.)Two points were argued before the learned single Judge namely (1) that the respondent had been confirmed by the order of the Registrar dated 22-5-1958 and as he was a permanent employee of the Institute his services could not be terminated by a simple notice, and secondly that termination of his service was punitive and hence condition precedent was the holding of enquiry, which admittedly was not done, and hence the termination of services was invalid.
(3.)The learned single Judge, found that there was no order of confirmation and the respondent could not, therefore, claim to be a permanent employee. The learned single Judge, however, came to the conclusion that the impugned order of termination could not be sustained as an innocent, order and that it was punitive in nature and therefore the mere fact that the respondent was not permanent was of no consequence. He, therefore, quashed the order terminating the services of the respondent. Aggrieved the Institute has filed the present appeal.
Re: Point No. 1:
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