JUDGEMENT
SHREE CHANDRASHEKHAR, J. -
(1.) LPA Nos. 147, 148, 149, 150, 154 and 210 of 2016 have been preferred by Birsa Agriculture University and LPA
Nos. 130, 131, 132, 133 and 134 of 2016 have been filed on
behalf the Chancellor of the University. Challenge in these Letters
Patent Appeals is to order dated 19.02.2016 passed in W.P.(S)
No. 3213 of 2014 and batch cases.
(2.) When 53 out of 147 employees appointed pursuant to Advertisement Nos. 1/2008 and 2/2011 faced the guillotine,
crying 'condemned unheard' thus came before the Writ Court
which quashed the order of termination from service and ordered
their reinstatement in service. The appellants, aggrieved of the
aforesaid order have challenged the Writ Court's order primarily
on the ground that the largescale illegality committed in
appointment of the respondents must deprive them of the
protection of the rules of natural justice.
(3.) Before adverting to the rival contentions, the brief facts sans unnecessary details are recorded hereunder;
The respondentwrit petitioners were appointed on
GradeIII and GradeIV posts, pursuant to Advertisement
Nos. 1/2008 and 2/2011. The Chancellor, on receipt of
complaints of irregularities committed in selection of 147 persons
pursuant to the aforesaid advertisements, ordered an enquiry by a
judicial officer namely, S.S. Rao who was posted as OSD to the
Hon'ble Governor, vide order dated 04.08.2011. The respondents
were appointed vide appointment letters dated 21.05.2011. The
enquiry report dated 19.04.2012 reveals serious irregularities in
the appointments made. The Principal Secretary to the Governor
wrote letter dated 26.07.2012 to the University to issue
showcause notice to the individual employees thus appointed.
The University was required to forward its opinion after obtaining
reply from the employees, so that a final decision is taken in the
matter. Accordingly, showcause notices in the form of
questionnaire were issued to the appointees and the University
forwarded their reply with its comments to the Chancellor. It
appears that vide notification dated 03.10.2013, One Man
Judicial Enquiry Commission headed by Hon'ble Mr. Justice
Vikramaditya Prasad was appointed to enquire into the alleged
illegal appointment of GradeIII and GradeIV employees in the
University. The One Man Judicial Enquiry Commission submitted
its report on 26.04.2014 which was accepted by the Hon'ble
Chancellor and a direction was issued to the University to
terminate the services of 53 employees; a list containing their
names was appended to letter dated 12.06.2014. Consequently,
order of termination from service dated 13.06.2014 was issued by
the University which was challenged before the Writ Court.;
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