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Allahabad High Court cancels dismissal of Assistant Professor posted on contract; orders reinstatement

The Allahabad High Court has cancelled the dismissal of Assistant Professor posted on contract and ordered his reinstatement.

A Single Bench of Justice J.J Munir passed this order while hearing a petition filed by Dr Vikas Bajpai.

The petitioner, who is an Assistant Professor (Contractual) in the subject of Agriculture Extension, School of Basic Sciences, Chhatrapati Sahuji Maharaj University, Kanpur Nagar has had his services terminated by the University vide order dated 20.02.2024.

Counsel for the petitioner has made a case that though the petitioner’s employment may be contractual, but the University being an instrumentality of the State, is obliged to be fair and reasonable in all its action, contractual or casual, carried out under the Act.

He submitted that the impugned order has been passed on a complaint by the students without the slightest opportunity of hearing being afforded to the petitioner.

G.K Singh, Senior Advocate, assisted by Rohit Pandey, Counsel appearing on behalf of respondent nos 2, 3, 4 and 5, representing the University very fairly states that the University would have no objection if the impugned order is quashed with liberty to the University to pass a fresh order after hearing the petitioner.

In view of the petitioner’s case and the statement made by G.K Singh, the Court allowed the petition on the short point of denial of opportunity.

The order dated 20.02.2024 is quashed. The petitioner shall be forthwith reinstated in service and paid his salary in terms of the contract. The respondents shall be at liberty to pass fresh orders after affording the petitioner opportunity of hearing. Needless to say that if the proposed action is based on complaints, copies of those complaints shall be provided to the petitioner”, the Court ordered.

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