Deemed Abandonment Termination Set Aside for Unfair Procedure | HC

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Deemed Abandonment Termination

Case Details: Radhey Shyam Mishra vs. University of Delhi - [2026] 186 taxmann.com 1186 (HC - Delhi)

Judiciary and Counsel Details

  • Sanjeev Narula, J.
  • Imran Ali, Ms. Aanchal Bumb & M.Z. Khan, Advs for the Petitioner.
  • S.S. Ahluwalia, Ms Saniya Zehra, Advs & A.P.S. Ahluwalia, Sr. Adv. for the Respondent.

Facts of the Case

In the instant case, the petitioner, a non-teaching employee of the respondent-college, was terminated by invoking deemed cessation/abandonment under Rule 49(2)(v) of the University Non-Teaching Employees (Terms & Conditions of Service) Rules, 1971.
The petitioner challenged the termination. It was noted that the petitioner had contemporaneously asserted a serious mental illness, a fact acknowledged by the college when it sought medical particulars. Yet, the college proceeded to terminate him without considering that explanation.
Further, it was noted that the correspondence on record made it unsafe to infer that the petitioner intended to abandon service. The college’s reliance on past misconduct, indiscipline, and the petitioner’s service record gave the action a punitive character in substance, and fair procedure could not, therefore, be avoided by describing the result as a deemed termination.
The High Court observed that, although the Court had required a ‘reasoned decision on merits’ from the Governing Body, what was communicated to the petitioner and placed before the Court substantially comprised a reply issued through counsel for the college together with justification set out in the counter-affidavit and, therefore, the Court’s direction was not complied with in substance. The termination was, therefore, unsustainable.

High Court Held

The High Court held that, since the petitioner did not work after termination, it would be unjust to direct the college to pay full wages for the entire remaining period of service as if the petitioner had actually discharged duties.
Further, the High Court held that the college could not be permitted to retain the advantage of a legally unsustainable termination which deprived the petitioner of a fair determination of his explanation and, in consequence, of continuity and retiral benefits.

Therefore, the petitioner was to be treated as having continued in service, notionally, from the date of termination till the actual date on which he would have superannuated, in accordance with his service record, and, for the period from 23-8-2002 till the date of superannuation, he would be entitled to 25 per cent of back wages.

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Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied