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“The petitioner can neither be cursed for her father’s culpability nor can the State tether her with her father’s acts or crimes to continue all through her life, though she had no role to play.”
The Additional Advocate General brought the Court’s attention to a previous order, where the Coordinate Bench of this Court directed the educational institution to apply for a fresh NOC before seeking further relief for future academic years.
The Court held that the petitioner’s case is not covered by the expression “proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India”.
The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.
The Court held that the de-empanelment order was issued in contravention of natural justice principles due to the lack of proper notice and opportunity for the petitioner to respond.
“An employee on the strength of the transfer policy cannot claim that he cannot be transferred in any manner whatsoever, even when no prejudice has been caused to him.”