Natural justice limits termination for irregular appointment: hearing is implied before any finding of illegality is recorded.

Termination of service under Section 35(3) of the Bihar University Act cannot be sustained unless the employee is first given notice and an opportunity of hearing before a finding is recorded that the appointment was irregular or unauthorised. The provision permitting termination without notice operates only after an enquiry into the validity of the appointment, and that enquiry must comply with natural justice unless the legislature clearly excludes it. Where the affected employee is not heard, the foundational finding of illegality is vitiated. The termination without prior hearing was therefore invalid.

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Issues: Whether termination of service under Section 35(3) of the Bihar University Act could be sustained without giving the appellant notice or an opportunity of hearing before recording that the appointment was irregular or unauthorised.

Analysis: The provision permitting termination without notice operates only after a finding is reached that the appointment was contrary to the Act, statutes, rules or regulations, or was otherwise irregular or unauthorised. Reaching such a finding necessarily requires an enquiry into the validity of the appointment. Where the employee whose appointment is under scrutiny is not heard, the enquiry is inconsistent with the principles of natural justice. The requirement of hearing is therefore implied in the provision, unless there is clear legislative exclusion.

Conclusion: The termination without prior notice or hearing was invalid and could not be sustained; the decision was in favour of the appellant.

Ratio Decidendi: Even where a statute authorises termination without notice for irregular or unauthorised appointment, an implied duty to hear the affected employee arises before the foundational finding of illegality is recorded, unless natural justice is expressly or impliedly excluded.

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