V.B. NADYAL Vs. RAJEEV GANDHI UNIVERSITY OF HEALTH SCIENCES REP. BY ITS REGISTRAR AND M.R. MEDICAL COLLEGE REP. BY ITS CHAIRMAN

JUDGEMENT

(1.) A Professor of Anatomy in the 2nd respondent -Medical College, has presented this petition calling in question the order dated 06.11.2009 - Annexure -A of the Rajiv Gandhi University of Health Sciences, Karnataka - Respondent No. 1 and the order dated 20.07.2010 - Annexure -B of the 2nd respondent -Medical College. Petitioner while discharging duties as a Professor in the Department of Anatomy in the 2nd respondent -Medical College alleging that one Dr. Raju Kulageri, a tutor in the 2nd respondent -College, was not regular in teaching work, developed enmity against the petitioner and in order to malign petitioner's reputation, got issued through the institution a notice dated 21.10.2009 making frivolous allegations. The petitioner claims to have appeared before the committee constituted by the 1st respondent -University though, neither copy of the complaint petition nor the articles of the charges were furnished, nevertheless denied all allegations and when asked whether he had taken any favors from the students, the same was emphatically denied. However, petitioner admitted the fact that due to an emergency, had asked the students to book an air ticket for which money was paid and the parents of the students were aware of the same, as stated in the reply dated 30.10.2009 -Annexure -D.

(2.) PETITIONER alleging that the 1st respondent -University without extending adequate opportunity of hearing to defend himself, passed the Office Order dated 06.11.2009 -Annexure -A to delete the name of the petitioner from the list of the examiners and LIC Inspectors etc., permanently and that examination duties should not be assigned to him, while debarring the petitioner from conducting all examination related duties and also other academic duties assigned by the University, and the letter dated 20.07.2010, Annexure -B of the 2nd respondent -College to replace the petitioner from the post of Head of the Department of Anatomy and appointing Dr. S.R. Muttagi as in -charge Head of the Department of Anatomy, has preferred this petition.

(3.) PER contra, learned counsel for the respondents submit that the 1st respondent having secured the recommendation of the committee constituted for professional misconduct/laps enquiry and the orders of the Hon'ble Vice Chancellor on 06.11.2009, issued the Office Orders dated 06.11.2009 -Annexure -A, debarring the petitioner from examination related duties. According to the learned counsel, petitioner having admitted, in writing, Annexure -D, over the favors received from students, though claimed that it was due to an emergency and without bad intention, nevertheless, being a Professor and Head of the Department of Anatomy was required to maintain absolute integrity and standard of conduct, which was not exhibited and therefore, no exception can be taken to the office order and the communication dated 20.07.2010 - -Annexure -B removing the petitioner from the post of Head of the Department of Anatomy, as a consequence.