Cannot terminate registrar without any reason before end of tenure, rules Madras HC

CHENNAI: The Madras High Court quashed the order of Puducherry University terminating the registrar’s service even before the tenure’s completion and directed the Union Territory to pass an appropriate order expeditiously.

“The termination of the registrar from service before the completion of his tenure is violative under Article 311 of the Constitution, hence, we don’t have any hesitation to set aside the single judge order confirming the termination of the services of the registrar based on the resolution of the executive council,” held a division bench of Justice Anita Sumanth and Justice G Arul Murugan.

The impugned order relieving him from the service is tantamounting to termination without conducting a proper enquiry and affording a reasonable opportunity, wrote the bench.

The court also directed the Puducherry government to issue an appropriate order allowing the registrar to rejoin his service within four weeks.

Appellant Sasikantha Dash moved the HC, challenging the single judge order, which confirmed the university’s service termination order.

On December 15, 2017, the university issued a notification inviting applications for the post of registrar, finance officer and controller of examinations by way of direct recruitment or by deputation.

The appellant had applied, on being successful, was called for an interview and ultimately selected by the selection committee, pursuant to which, in July 2018, the appellant was appointed as the registrar of Puducherry University.

However, on February 20, 2019, the appellant received communication informing him that based on the decision of the executive council meeting, he was relieved from the office of registrar before the completion of his tenure. He alleged that he was terminated from the service without providing any opportunity.

Hence, he moved a petition in HC. However, it was dismissed by a single judge. Senior counsel Vijay Narayan for the appellant submitted that the tenure could not be curtailed, and the employer is entitled to cancel the appointment in case of unsatisfactory performance and non-suitability.