Punjab and Haryana High Court Declares Termination  of the Lecturer  Without show cause notice Illegal, Orders Reinstatement

0n 5 July 2023, In a recent ruling, the Punjab and Haryana High Court declared the termination of services of a senior lecturer at Ansal Institute of Technology as illegal, ordering his immediate reinstatement. The court also directed the management to pay all notional benefits, including arrears of salary. The judgment, delivered by Justice Jaishree Thakur, emphasized the violation of Service Rules and Section 22 of the Guru Gobind Singh Indraprastha University Act, 1988.

The petitioner, Manoj Kumar Verma, had filed a writ petition seeking the quashing of the order dismissing his appeal against the termination and reinstatement with continuity of service. The court held that the termination was illegal as it failed to comply with the Service Rules and Section 22, which required a three-month notice or a show cause notice before termination.

Justice Jaishree Thakur, in her judgment, stated, “The termination of the petitioner’s services without issuing a show cause notice and solely relying on the appointment letter, which permits termination by giving three months’ notice, is illegal and deserves to be set aside.”

The court also rejected the respondents’ argument that the writ petition was not maintainable due to a previous civil suit filed by the petitioner. The civil suit was withdrawn with liberty to approach the Educational Tribunal, and the court held that the principle of res judicata did not apply.

“The principle of res judicata does not bar the writ petition as the civil suit was not decided on any issue,” Justice Jaishree Thakur stated.

The judgment further highlighted that the management had violated the Service Rules by terminating the petitioner’s services with only one month’s notice instead of the required three months. The court directed the management to reinstate the petitioner immediately, along with all notional benefits.

This judgment holds significance as it reaffirms the importance of following due process and ensuring the protection of employees’ rights. It serves as a reminder to educational institutions to adhere to the prescribed rules and regulations governing the termination of services.

Date of Decision: 5th July 2023.

Manoj Kumar Verma vs Management Board of Ansal Institute of Technology & others