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Supreme Court of India

N.K. TANEJA vs MAHARAJ SINGH on 12 February, 2025

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2025 INSC 240Non-reportableC.A. No.-002393-002393 - 2025Official PDFAuthor HON'BLE THE CHIEF JUSTICEBench Puligoru Venkata Sanjay Kumar, Kalpathy Venkataraman Viswanathan, Aravind KumarAdvocates AJIT SHARMA
2025 INSC 240NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2025
(arising out of SLP(C) No.4978 of 2021)
N.K. TANEJA, VICE CHANCELLOR, ..... APPELLANT(S)
CHAUDHARY CHARAN SINGH UNIVERSITY,
MEERUT & ANR.
VERSUS
MAHARAJ SINGH ..... RESPONDENT(S)
with
CIVIL APPEAL NO. OF 2025
(arising out of SLP(C) No. of 2025)
(@ Diary No.7063/2021)
O R D E R

Civil Appeal @ SLP @ Diary No.7063/2021

Delay condoned.

Leave granted.

Respondent No. 1, Maharaj Singh, though served, has not

appeared. He is, thus, set ex parte. The facts of the case are as

follows:

o Respondent No. 1, Maharaj Singh, who was working as a

Reader in the Psychology Department of the appellant,

Chaudhary Charan Singh University1, Meerut, Uttar

Pradesh, since 14.11.1990, applied for Extra Ordinary

Deepak Guglani 1 For short, “University.”

2 For short, “EOL.”

o On 25.11.2001, he made another application for a

grant/extension of EOL. Leave was granted and extended

up to 31.05.2002.

o Belatedly, respondent No. 1, Maharaj Singh, on

01.08.2003, again applied for EOL by seeking extension

up to 26.12.2003. No orders were passed on the said

application; leave was not extended.

o On 22.08.2005, the University sent a show-cause notice

to respondent no. 1, Maharaj Singh, asking him as to why

the matter should not be referred to the Executive

Council, as respondent no. 1, Maharaj Singh, had not

joined his post and was not undertaking his duties as a

Reader in the University.

o Vide another letter dated 22.09.2005, the University

addressed the Head of the Department (Psychology),

stating that respondent No. 1, Maharaj Singh, had been

continuously absent since 25.08.2000 and that there was

no provision to further extend the leave. Even

thereafter, respondent No. 1, Maharaj Singh, did not

join duty nor did he send any request letter stating

that he wanted to join duty.

o On the other hand, he wrote another letter on

09.02.2006, seeking an extension of leave up to

24.08.2006. He also prayed for a grant of a promotion.

o In the Executive Council’s meeting held on 04.07.2007, a

resolution was passed terminating the services of

respondent No. 1, Maharaj Singh.

o On or about 17.08.2009, while respondent No. 1, Maharaj

Singh was in the United States of America, he challenged

the order of his termination before the Chancellor of

the University, that is, the Governor, State of Uttar

Pradesh, by way of a representation. This

representation came to be dismissed on 17.08.2009.

o Aggrieved, respondent No. 1, Maharaj Singh, filed Writ-A

No. 2450/2010 before the High Court of Judicature at

Allahabad, which was allowed by the impugned judgment

dated 22.09.2017.

o The impugned judgment primarily records that the

University had not followed the applicable statute and

had not conducted an enquiry and, therefore, termination

of the services of respondent No. 1, Maharaj Singh, was

contrary to law. Accordingly, the resolution dated

04.07.2007 passed by the Executive Council and the order

passed by the Chancellor of the University, that is, the

Governor, State of Uttar Pradesh, dated 17.08.2009, were

set aside.

Assuming that there was a lapse on the part of the University

in terminating the services of respondent no. 1, Maharaj Singh, on

the ground that he had abandoned his services, we feel that the

matter should have been remitted to the authorities of the

University for passing appropriate fresh orders as per law; if

necessary, after holding a disciplinary enquiry. The facts of the

case are writ large and show that respondent no. 1, Maharaj Singh,

failed to report for duty and was travelling and moving around

abroad. Even today, he has not appeared before this Court, despite

service of notice. Later on, he pursued contempt proceedings

before the High Court, on account of non-compliance with its order.

During the course of the hearing, it was stated that

respondent no. 1, Maharaj Singh, has been paid his dues under the

Contributory Provident Fund3 Scheme, including the share of the

University.

We are not even made aware as to whether respondent no. 1,

Maharaj Singh, took up employment anywhere outside India after he

had taken EOL way back on 25.08.2000. In case respondent no. 1,

Maharaj Singh, has taken up employment outside India and is working

or has set up a business outside India, he clearly abandoned his

services with the University. We are informed that the High Court

had directed respondent no. 1, Maharaj Singh, to file an affidavit

in this respect, which was not filed.

Keeping in view the aforesaid circumstances, we feel that the

matter should be closed by this Court, setting aside the impugned

judgment dated 22.09.2017. At the same time, we direct that the

University shall not recover the CPF already paid to respondent No.

1, Maharaj Singh. The contempt proceedings4 pending before the

High Court will obviously come to an end and be treated as closed,

in terms of this order.

The appeal is allowed and disposed of in the above terms.

Pending application(s), if any, shall stand disposed of.

3For short, “CPF.”

4Contempt Application (Civil) No. 512/2021

Civil Appeal @ SLP(C) No. 4978 of 2021

Leave granted.

The appeal is allowed and disposed of in terms of the order

passed today in the connected matter, that is, Civil Appeal @ SLP @

Diary No. 7063/2021.

Proceedings in Contempt Application (Civil) No. 512/2021 will

be treated as closed.