N.J. PALAKSHA NAIK Vs. THE KUVEMPU UNIVERSITY

JUDGEMENT

(1.) Petitioner, when discharging duties as "Assistant Registrar, Examination" in the respondent/Kuvempu University, was allegedly involved in examination malpractice, a misconduct, in respect of which disciplinary proceeding was initiated by issuing Articles of Charge, appointing a Retired District & Sessions Judge, who held a domestic inquiry, by extending reasonable opportunity of hearing to the petitioner and submitted a report, holding the Charge proved. The "Disciplinary Authority" on an independent assessment of the material on record held the petitioner guilty of the charge and proposed imposition of the punishment of reduction in rank from "Assistant Registrar" to "Superintendent" and accordingly placed the matter before the Syndicate, who resolved to confirm the same, leading to the order dated 2.6.2014 Annexure-N. That order, when called in question in WP No.26887/2014, a learned single Judge by order dated 17.6.2014, Annexure-P, disposed of the petition, reserving liberty to the petitioner to prefer an appeal. Where afterwards the appeal preferred before the Appellate Authority when dismissed by order dated 11.12.2014 Annexure-R, hence this petition.

(2.) The only contention advanced by the petitioner as aired by his learned Counsel is that he was not extended the benefit of a second show cause notice, by furnishing a copy of the report and opinion of the Disciplinary Authority over proposed punishment, so as to enable petitioner to put forth his explanation over the findings of the Enquiry Officer and the proposed punishment. Learned Counsel places reliance upon opinion of the Apex Court in "Union of India and others v. Mohd. Ramzan khan, 1991 AIR(SC) 471"

(3.) Learned Counsel hastens to add that the opinion of the Apex Court in "Chairman, Ganga Yamuna Gramin Bank and others v. Devi Sahai, 2009 AIR(SC) 2126" recording a finding that a second show cause notice is not part of common law principle of natural justice, is without noticing the view of a larger Bench of the Apex Court in Ramzan Khan's case supra, wherein it is observed that supply of copy of the inquiry report along with recommendations, if any, in the matter of proposed punishment would be within the rules of natural justice and the delinquent would, therefore, be entitled to the supply of a copy thereof.