DELHI TECHNOLOGICAL UNIVERSITY Vs. B.S. RAWAT

JUDGEMENT

(1.) These two appeals, though arising out of the separate proceedings before the two different High Courts, involve substantially overlapping questions of law, namely the right of an employee to withdraw a tendered resignation, and the effect of ratification, by the competent authority, of an otherwise unauthorised acceptance of resignation.

(2.) Delhi Technological University (DTU), formerly known as Delhi College of Engineering was given the status of a University vide Delhi Technological University Act, 2009 (the 2009 Act). The Government of Delhi after obtaining prior approval of the Chancellor (Lieutenant Governor of Delhi) in exercise of powers under Sec. 30 read with Sec. 31(1) of the 2009 Act, notified Statutes of Delhi Technological University (First) Statutes, 2009. On the recommendation of the Selection Committee, the Vice-Chancellor of DTU offered the post of Assistant Registrar (Legal) to the respondent. On 23/8/2010, the respondent joined DTU as the Assistant Registrar (Legal). By the Delhi Technological University (Amendment) Act, 2012, Sec. 22 of the 2009 Act was amended creating the post of a Chairperson to be nominated by the Chancellor to head the Board of Management (BOM), and Sec. 53 was inserted empowering the Chancellor to issue such directions as may be necessary or expedient in the interest of administration. Sec. 23(2)(ix) vests in the BOM the power to appoint persons to teaching, administrative and ministerial posts.

(3.) The BOM in its meeting held on 27/5/2015, for the smooth functioning of DTU, delegated all its powers to the Vice Chancellor until the appointment of a Chairman for the BOM. The then Vice-Chancellor of DTU tendered his resignation and was relieved with effect from 23/9/2015. The Lieutenant Governor of NCT of Delhi who is the Chancellor of the University in exercise of powers under Sec. 53 of the 2009 Act, assigned additional charge of the post of Vice-Chancellor of DTU to Professor Yogesh Singh, Director, Netaji Subhash Institute of Technology on 18/9/2015. He was appointed as a full-time, salaried Vice-Chancellor only with effect from 14/7/2016.