TMI Blog1998 (9) TMI 652X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the appellant as a lecturer who was hitherto working as lecturer, Department of History, S.R.T. College, Dhamri and was posted to Godda College. He made representation to the Vice-Chancellor for regularisation of his services in terms of the relevant statutes of the University and on the basis that he had been working as lecturer in an affiliated college under private management before the same was taken over as a constituent unit of the University. The appellant was informed by a letter sent on 7.5.1993 that his representation had been turned down by the Vice Chancellor. By another communication he was informed that the Vice Chancellor had directed for the termination of the services of the appellant on the ground that on 24.1.1986, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de by him to the Vice Chancellor putting forth his grievance and the representations were placed before the Syndicate of the University which by a resolution made on 20.1.1985 constituted a Sub-Committee to enquire into his grievance. By a resolution passed on 20.1.1985, the Sub-Committee after enquiry made a report in the following terms. :- From the analyses of above stated facts, it seems that the appointment of Shri Tiwari is effective from 25.1.78. Prior to acquisition that is from 25.1.78 to 23.9.81 (leaving the period 26.1.79 to 10.11.79 as he has not submitted any reliable certificate for this period) certificates of Secretaries cannot be relied. He was certainly working in the college. On visiting college and on enquiry informa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee and thereafter in its meeting on 27th July, 1985 directed the implementation of its resolution. Finally on 24.1.1986 it took decision that the appellant should be re-appointed on a temporary basis. He was posted to Godda College and was working as such in that capacity. Thereafter new Universities had been constituted in the State of Bihar. Both the Dhamri college where the appellant was working formerly and the Godda college where the appellant was posted in terms of the order dated 4.2.1986 fell within the jurisdiction of Sido Kanhu University, Dumka. At that stage appellant made a representation for regularisation of his service with effect from 25.1.78 from which date he claimed to have been appointed which was not accepted, but o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointment made by the University was not at all proper inasmuch as the appellant should have been appointed to a post in the service of the University purely on temporary basis not exceeding a period of 6 months. Since the appellant had been appointed for a period longer than that it was not open to the University to do so without the express sanction of the Government. In this situation it was certainly open to the Vice Chancellor to treat the appointment made as contrary to the provisions of the Act or statutes or rules or regulations or in any other manner irregular. If that was so, it was certainly not necessary for the University to have afforded an opportunity of being heard to the appellant. He relied upon Section 35(3) of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by a cibstutution Bench of this Court in Delhi Iransport Corporation vs. D.T.C. Mazdoor Congress reported in AIR 1991 SC 101. In orderd to impose procedural safeguards, this Court has read the requirement of natural justice in amny situations when the statute is silent on this point. The approach of this Court in thsi regard is that omission to impose the hearing requirement in the statute under which the impugned action is being taken does not exclude hearing - it may be implied from the nature of the power - particularly when the right of a party ius affected adversely. The justification for reading such a requirement is that the Court merely supplies omission of the legislature. (vide Mohinder Singh Gill Anr. vs. The Chief Electio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der wnquiry will have to be issued to him. If notice is not given to him then it is like playing Hamlet without the Prince of Denmark, that is, if the employee concerned whose rights are affected, is not given notice of such a proceeding and a conclusion is drawn in his absence, such a conclustion would not be just, fair or reasionable as noticed by this Court in D.T.C. Mazdoor Sabha s case. In such an event, we have to hold that in the provision there is an implied requirement of hearing for the purpose of arriving at a conclusion that an appointment had been made contrary to the Act, statute, rule or regulation etc. and it is only on such a conclusion being drawn, the services of the person could be terminated without further notice. That ..... X X X X Extracts X X X X X X X X Extracts X X X X
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