NDLI: Lal Bahadur Gautam Vs. State of U.p. and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law Termination of service private unaided college
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Uttar Pradesh State Universities Act, 1973 (10 of 1973)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Termination of service – Of a lecturer of a private unaided college, affiliated to an University created under a statute – Propriety of – Service of the appellant initially terminated by a nonspeaking order – Set aside by Vice Chancellor’s order dated 16.7.2016 being violative of s. 35(2) of Universities Act and granting liberty to the College to initiate departmental proceedings – College after initiating departmental proceedings passed fresh order of termination without prior approval as per s. 35(2) and Rule No. 16.06 of University Regulations – Writ petition challenging the termination was dismissed by High Court as not maintainable – Appeal to Supreme Court – Held: The college being affiliated to the University was bound by the provisions of the Act with its attendant consequences for non-compliance – As per section 35(2) of the Universities Act prior approval of the Vice Chancellor was mandatory before terminating the services of the appellant – The termination order being in the teeth of s. 35(2) is patently unsustainable – Uttar Pradesh State Universities Act, 1973 – s. 35(2) – Chaudhary Charan Singh University Regulations Justice delivery system – Reliance on a judgment based on repealed Act (statute) – Held: Reliance on the judgment based on repealed Act is akin to relying on an overruled judgment – Even if such action is negligent, could be fatal by misleading the court leading to erroneous judgment – Such action would also result in waste of judicial time of the Court – Failure in that duty is a wrong against the justice delivery system – It is duty of the parties and their Counsel to double check and verify before making any presentation to Court – It is also for the Court to consider whether a particular presentation before the Court has occasioned unnecessary waste of court time. Advocate/Advocates: Role of Advocate – Held: As a responsible officer of the Court and an important adjunct of the administration of justice, a higher responsibility goes upon a lawyer representing an institution – He owes a duty to the Court as well as to opposite side – He cannot act as a mere mouthpiece of his client – He has to be fair to ensure that justice is done.
Judge	Hon'ble Mr. Justice Navin Sinha
Neutral Citation	2019 INSC 648
Petitioner	Lal Bahadur Gautam
Respondent	State Of U.p. And Others
SCR	[2019] 7 S.C.R. 389
Judgement Date	2019-05-08
Case Number	4794

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