Delhi High Court Upholds Decision To Terminate Services Of National Judicial Academy’s Professor

The Delhi High Court on Friday upheld the termination of Dr. Geeta Oberoi, a contractual professor of National Judicial Academy, Bhopal on the basis of a show cause notice issued to her in 2021 over allegations of “encouraging and harbouring” stray dogs inside the campus. Justice Jasmeet Singh dismissed the plea of the professor, who was working in the Academy since 2014, challenging the show cause notice issued on February 01, 2021, by the Academy’s Director as well as order of the Executive Committee passed on May 13 terminating her appointment. The Executive Committee comprised of Chief Justice of India DY Chandrachud, who is also the Chairperson of the Academy, Justice M R Shah, Justice K M Joseph and Justice Sanjay Kishan Kaul.The agenda, as per the Committee’s resolution, was to take appropriate decision on the show cause notice issued to Prof. Oberoi. The Committee noted that even though the professor’s contract ended on August 07, 2021, the then Executive Committee had decided to continue her services pending further orders.Accordingly, it was resolved: “The present Executive Committee has resolved that Prof. Geeta Oberoi will continue in service upto 30-06-2023 and no further. It is further resolved that she may continue to retain her official accommodation till 31-07-2023.”The professor had earlier given an interim as well as a detailed reply to the show cause notice in 2021. She had also written a representation to the Executive Committee for seeking a personal hearing. Senior Advocate Anand Grover appearing for the professor submitted that even though the nomenclature of the appointment was contractual, however, the same was similar to a regular appointment as it was done pursuant to an advertisement regarding the vacancy for the post of a Professor, which was followed by an interview. He also contended that the allegations of feeding of stray dogs could not, by any stretch of imagination, be construed as “grave misconduct.”On the other hand, ASG Balbir Singh submitted that the professor was a contractual employee and since the last contract of service came to an end on August 07, 2021, she had no subsisting contract.It was also submitted that the resolution of the Executive Committee stating that the employment be continued, till the appropriate decision is issued on the show cause notice, was passed when the contract of service was subsisting. He added that the professor’s reliance on the resolution was of no relevance due to the expiry of the contract itself. Dismissing the plea, Justice Singh observed that once the contract of service of the professor came to an end on August 07, 2021, and was not continued any further, she could not be permitted to rely upon the terms and conditions of the said contract.“Accordingly, the decision of the Executive Committee of the National Judicial Academy dated 13.05.2023 resolving to continue the services of the petitioner only up to 30.06.2023 and no further, cannot be faulted with. On 13.05.2023 i.e., the date of passing of the impugned resolution there was no contract of service subsisting between the petitioner and the respondent,” the court said. Rejecting the contention that the professor’s appointment was akin to a regular appointment, the court said that her termination was neither stigmatic nor vindictive as it was on the account of expiry of the period of the contract of service. Senior Advocate Anand Grover, along with Advocates Gauri Puri, Aditi Gupta and Paras Nath Singh appeared for the petitioner. ASG Balbir Singh along with CGSC Ravi Prakash and Advocates Farman Ali, Aman Rewaria, Y. Shukla, Naman Tandon, Shyam Gopal, Prasanjeet Mohapatra and Usha Jamnal appeared for the respondent.Title: DR. GEETA OBEROI v. NATIONAL JUDICIAL ACADEMYCitation: 2023 LiveLaw (Del) 536Click Here To Read Order

Delhi High Court Upholds Decision To Terminate Services Of National Judicial Academy’s Professor

Nupur Thapliyal

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