- (1.) THE Petitioner joined the service of the Punjab University on August 31, 1963 as Head Laboratory Assistant, Biochemistry Department, for which appointment letter No. 10189-91/estt. Dated August 24, 1963 was issued. A copy of which is Annexure 'a' to the writ petition. According to this letter the petitioner was appointed at Rs. 145/- per mensem in the grade of Rs. 145-7-180-12-300, on one year's probation from the date he started work. In case he wanted to leave the service of the University he was to give a prior notice of at least one month or to pay to the University an amount equivalent to his one month's pay in lieu thereof.
(2.) THE petitioner's period of probation expired on August 31, 1964 on which date he was granted the annual increment in accordance with Regulation 8 of Punjab University Calendar, 1962, Volume I, which reads as under: "an increment shall ordinarily be drawn as a matter of course but the appointing authority shall be competent to withhold increment if the conduct of the employee has not been good or his work has not remained satisfactory. " All of a sudden on September 25, 1964, by letter No. 9954-56/est of that date, the Vice Chancellor terminated the services of the petitioner as his work and conduct had not been found satisfactory, He was given one month's notice from the date of the letter. A copy of the letter issued by the Registrar of the Punjab University to the petitioner conveying the order of the Vice Chancellor is Annexure 'b' to the writ petition. The petitioner filed an appeal under Regulation 3 on page 73 of the said Calendar to the Syndicate of the Punjab University which was rejected on November 27, 1964. The decision of the Syndicate rejecting the appeal is contained in paragraph 39 of the proceedings of its meeting held on November 27, 1964, and reads as under: "considered appeal of Shri Sher Singh, Head Laboratory Assistant, Biochemistry Department, against orders of Vice chancellor terminating his services, with effect from 25-10-1964, for unsatisfactory work and conduct. Vice Chancellor stated that Head of Department of Biochemistry had reported that Shri Sher Singh's work and conduct were unsatisfactory. Shri Sher Singh had not been confirmed, When vice Chancellor passed orders for terminating his services. The appeal of Shri Sher Singh was reat out. RESOLVED: That appeal of Shri Sher Singh be rejected. " The petitioner then filed the present writ petition in this Court on December 18, 1964 challenging the order of termination of his services by the University mainly on the following grounds: 1. That the order was passed mala fide because the petitioner had filed a writ petition in this Court (Civil Writ No. 1856 of 1963) in respect of the declaration of his result for M. B. . B. S (Ist Professional) Examination held in 1962 which he had taken as a student of the Medical College, Patiala. He had been declared unsuccessful but as a result of the writ petition he was declared successful after revaluing his marks as ordered by this Court. The proof of the mala fides is stated to be contained in the questionnaire which the petitioner was required to answer and a copy of which is Annexure 'c' to the writ petition; 2. that the impugned order was made at the instance and request of respondent 2 who is the Head of the Biochemistry Department of the University as he wanted to appoint his own favourite Shri Lekh Raj Sharma, respondent 3, who is a brother of Shri Gian Chand Laboratory Supervisor, Chemistry Department, in the place of the petitioner;
(3.) THAT he principles of natural justice were not observed while terminating his services, that is, he was never given any notice or intimation that his work and conduct had been found to be unsatisfactory not was he afforded any opportunity to explain the allegation not was any enquiry held by the University before terminating his services;;