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Synopsis

The Supreme Court has set aside the Allahabad High Court's order that had quashed the termination of a university's psychology professor, citing his prolonged absence. Court noted that he failed to report for duty and was instead traveling and moving around abroad.

The high court had recorded that the University had not followed the applicable statute and had not conducted an enquiry and, therefore, termination of the services of Maharaj Singh was contrary to law. Accordingly, it had set aside the resolution of July 04, 2007, passed by the Executive Council and the order passed by the Chancellor of the University, that is, the Governor, State of Uttar Pradesh, on August 17, 2009.

"Assuming that there was a lapse on the part of the University in terminating the services of Maharaj Singh, on the ground that he had abandoned his services, we feel that the matter should have been remitted to the authorities of the University for passing appropriate fresh orders as per law; if necessary, after holding a disciplinary enquiry," a bench of Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and K V Vishwanathan said.

The court, however, noted that the facts of the case were writ large and showed that Maharaj Singh failed to report for duty and was travelling and moving around abroad.

"Even today, he has not appeared before this Court, despite service of notice. Later on, he pursued contempt proceedings before the high court, on account of non-compliance with its order," the bench noted.

During the course of the hearing, the court was informed that respondent Maharaj Singh had been paid his dues under the Contributory Provident Fund Scheme, including the share of the University.

"We are not even made aware as to whether respondent Maharaj Singh, took up employment anywhere outside India after he had taken extraordinary leave way back on 25.08.2000. In case respondent Maharaj Singh has taken up employment outside India and is working or has set up a business outside India, he clearly abandoned his services with the University," the bench said.

The court was also informed that the high court had directed respondent Maharaj Singh to file an affidavit in this respect, which was not filed.

"Keeping in view these circumstances, we feel that the matter should be closed by this court," the bench said.

Court set aside the impugned judgment of September 22, 2017. At the same time, court also directed that the University should not recover the CPF already paid to Maharaj Singh.

"The contempt proceedings pending before the high court will obviously come to an end and be treated as closed, in terms of this order," the bench ordered.

Maharaj Singh was working as a Reader in the Psychology Department of the appellant, Chaudhary Charan Singh University, Meerut, Uttar Pradesh, since November 14, 1990, and applied for extraordinary leave, that is, leave without pay, on August 25, 2001.

On November 25, 2001, he made another application for an extension of leave, which was granted and extended up to May 31, 2002. Belatedly, he, on August 01, 2003, again applied for the same leave by seeking extension up to December 26, 2003. No orders were passed on the said application; leave was not extended.

On August 22, 2005, the University sent a show-cause notice, asking him as to why the matter should not be referred to the Executive Council, he had not joined his post and was not undertaking his duties as a Reader in the University.

On September 22, 2005, the University addressed the Head of the Department (Psychology), stating that Maharaj Singh had been continuously absent since August 25, 2000 and that there was no provision to further extend the leave. Even thereafter, he did not join duty nor did he send any request letter stating that he wanted to join duty.

On the other hand, he wrote another letter on February 09, 2006, seeking an extension of leave up to August 24, 2006. He also prayed for a grant of a promotion.

On July 4, 2007, the Executive Council passed a resolution terminating the services of Maharaj Singh.

On or about August 17, 2009, while Maharaj Singh was in the United States of America, he challenged the order of his termination before the Chancellor of the University, that is, the Governor, State of Uttar Pradesh, by way of a representation, which came to be dismissed.

Aggrieved, respondent Maharaj Singh filed a writ petition before the High Court of Judicature at Allahabad, which was allowed by the impugned judgment.

Case Title: N K Taneja, Vice Chancellor Chaudhary Charan Singh University, Meerut & Anr Vs Maharaj Singh