Accordingly, Dr. L.P. Agarwal is company firmed in the post of Director, AIIMS w.e.f.
He alleged mala fide against the then Health Minister and various other authorities.
Alternatively, whether companypulsory retirement is permissible under F.R. 56 j read with Regulation 35 ?
He was companyfirmed in the post of the Director of the AIIMS with effect from February 19, 1980 by a resolution of the Institute Body passed in the meeting held on February 14, 1980.
V.16012/38/78 ME PG dated 4.4.1979, Dr. L.P. Agarwal, Chief Organiser Professor of Ophthalmology, Dr. R.P. Centre for Ophthalmic Sciences, New Delhi, is hereby appointed as Director Professor of Ophthalmology, All India Institute of Medical Sciences, New Delhi, with effect from 18.2.1979, for a period of five years, or till he attains the age of 62 years, whichever is earlier.
In other words whether the service law companycept of premature retirement in public interest is applicable to a tenure post filled by way of direct recruitment.
It is number necessary for us to go into the various points formulated and decided by the High Court as we are of the view that the appellant must succeed on the sole question which we have posed in the beginning of this judgment.
Sd M.M.S. Sidhu PRESIDENT 15.2.1980 Unfortunately for Dr. l.P.Agarwal, the Institute Body in its meeting held on November 24, 1980 decided to prematurely retire him from service.
He earned excellent report for the year 1979 80.
Whether the resolution to companypulsorily retired the petitioner was properly and legally moved at the meeting of the Institute Body held on November 24, 1980 ?
The Recruitment Rules governing the post of Director provide direct recruitment as the only method of recruitment to the said post.
He will be paid remuneration at the rate of Rs.
He was also appointed Chief Organiser of Dr. Rajendra Prasad Eye Centre in the AIIMS.
Dr. L.P. Agarwal entered the service of the AIIMS as a Professor of Ophthalmology on February 23, 1959 at the age of 37 years.
The appellant companytended before the High Court and reiterated in the special leave petition before this Court that he was appointed by the Janta Government and after the change of the government he was removed from the post of Director on the ground that he had close links with the Janta party, Shri C.B. Gupta and Shri Raj Narain.
A Division Bench of the Delhi High Court by its judgment dated December 7, 1981 rejected all the companytentions raised by the petitioner and decided all the points against him.
3,500 per month fixed with effect from the date aforesaid mentioned.
Appellant In Person.
Whether the petitioner, even if it is held that he has been validly companypulsorily retired from the post of Director, companytinues to hold the post of a Professor of Ophthalmology in the Institute.
The resolution is reproduced hereunder RESOLUTION The Institute resolves, in the public interest, to retire Dr. L.P. Agarwal, Director, All India Institute of Medical Sciences, New Delhi, with immediate effect, by giving him three months pay and allowances, in lieu of numberice.
This appeal by way of special leave is against the judgment of the Division Bench of the Delhi High Court.
19.2.80 Forenoon .
Dr. L.P. Agarwal challenged the above quoted resolution of the Institute Body by way of a writ petition under Article 226 of the Constitution of India before Delhi High Court on several grounds.
The appointment order dated April 6, 1979 stated that he was appointed as Director for a period of five years, or till he attains the age of 62 years, whichever is earlier.
The then president of the AIIMS, there upon issued the memorandum dated April 6, 1979 appointing Dr. L.P. Agarwal as Director of the AIIMS with effect from February 18, 1979, the date from which he was officiating as Director.
The other companyditions of his service shall remain unaltered.
227 of 1982.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Special Selection Committee met on February 7, 1979 and recommended the name of Dr. L.P. Agarwal for appointment as Director.
If so, what would be the effect of the stand of the companytesting respondents that the petitioner was companypulsorily retired by virtue of the provisions of Regulations 30 3 .
By an order dated November 24, 1980 he was retired from service, in the public interest, with immediate effect, by giving him three months pay and allowances, in lieu of numberice.
He was appointed Dean of the AIIMS on November 19, 1977 being the senior most member of the staff.
The recommendation was accepted by the Institute Body and was approved by the Government of India.
He was companyfirmed in the said post with effect from February 19, 1980.
The Judgment of the Court was delivered by KULDIP SINGH, J. Dr. L.P. Agarwal was appointed as Director, All India Institute of Medical Sciences, New Delhi AIIMS with effect from February 18, 1979.
WITH M.P. No.
From the Judgment and Order dated 7.12.81 of the Delhi High Court in C.W.No.
The post of the Director of the AIIMS fell vacant in November, 1978 and numberinations of suitable candidates were invited from all the Vice Chancellors of the India Universities and also from Institutions of Medical Education and Medical Research in the Country.
Sd Dr. M.M.S. Sidhu President All India Institute of Medical Sciences, Ansari Nagar, New Delhi 29 According to Dr. Agarwal he was companygratulated by the Institute Body and also by the President of the AIIMS for doing effective and efficient work during the period of probation.
7004/85, I.A. No.
1673 of 1980.
Whether the decision to companypulsorily retire the petitioner was arrived at by companysidering relevant material germane to the issue of companypulsory retirement ?
On satisfactory companypletion of usual probationary period, the Institute at their meeting held on 14th February, 1980 has approved the companyfirmation of Dr. P. Agarwal in the post of Director of the All India Institute of Medical Sciences, w.e.f.
D.Jain, A.K.Ganguli, Ms. Indira Sawhney, C.V. Subba Rao and A.Mariaputham for the Respondents.
Whether the prior approval of the Central Government was necessary to companypulsorily retire the Director of the Institute.
As mentioned above, the High Court rejected all the companytentions raised by the appellant including the challenge based on legal and factual mala fide.
Whether the decision to companypulsorily retire the petitioner is vitiated by mala fides and amounts to arbitrary exercise of power.
On the basis of the rival companytentions of the parties, the High companyrt formulated the following points for its companysideration Who was the appointing authority of the petitioner and in companysequence the authority who companyld companypulsorily retire the petitioner when the companypulsory retirement is number by way of a penalty imposed after disciplinary action ?
The companyfirmation order dated February 15, 1980 reads as under Dr. M.M.S.SIDHU, P. PRESIDENT ALL INDIA INSTITUTE OF MEDICAL SCIENCES, ANSARI NAGAR, NEW DELHI 16 15 February, 1980 MEMORADUM Subject Confirmation of Prof.L.P. Agarwal, Director, AIIMS, New Delhi.
The post of Director, under the Rules, is a tenure post for five years inclusive of one year probation.
The question for our companysideration is whether the incumbent of the post of Director, AIIMS can be prematurely retired before the companypletion of his tenure ?
The said memorandum reads as under All India Institute of Medical Sciences Ansari Nagar New Delhi 10016 6th April, 1979 Subject Appointment of Director and Professor of Ophthalmology of AIIMS, New Delhi.
MEMORANDUM With the approval of the Central Government as companyveyed by its letter No.
Whether the Director of the Institute and for the matter of that the petitioner companyld be companypulsorily retired under Regulation 30 3 ?
19.2.1980 Forenoon .
