PUDUCHERRY: The Madras High Court has directed Pondicherry University to reinstate Sasikantha Dash as the Registrar of Pondicherry University, six years after he was relieved from his position.
A division bench comprising Justice Anita Sumanth and Justice G Arul Murugan delivered the order on February 19, stating that his removal was carried out without due process and violated constitutional provisions.
Dash was appointed as Registrar in 2018 for a five-year tenure following a selection process initiated by the university’s recruitment notification dated December 15, 2017. However, on February 20, 2019, he received an e-mail informing him that, based on a decision of the university’s executive council, he was being relieved from his post.
The Madras HC observed that the termination order should have been preceded by an enquiry. The judges said that since Dash was on deputation from a government institution, his dismissal without notice and a fair hearing violated Article 311 of the Constitution.
Furthermore, the court noted that the university had failed to adhere to Department of Personnel and Training guidelines, which mandate a three-month notice period before prematurely cancelling a deputation. The court concluded that the decision to relieve Dr Dash was unjustified, stating that while an employer has the right to terminate an appointment due to unsatisfactory performance, such actions must follow statutory provisions and principles of natural justice.