G S KRISHNAMURTHY Vs. CHANCELLOR UNIVERSITY OF MYSORE

JUDGEMENT

(1.) THE short question that arises for consideration is whether the Chancellor is the Appellate authority as per Statute 18 of the Mysore university Employees' (Classification, control and Appeal) Statutes?

(2.) MY answer to the above point is in the affirmative for the following reasons: the University of Mysore initiated domestic enquiry against the petitioners, who belong to Group-C category, on the ground that there was a mal-practice in the November 1998 examinations. The vice Chancellor, as Disciplinary Authority, accepted the enquiry report and by order dated-20. 9. 2000 imposed punishment of dismissal from service, which shall be a dis-qualification for future employment as per Rule 5 (1) (x) of the Mysore University Employees' (Classification, control and Appeal) Statutes (in short, 'the Statutes') with immediate effect and the period of suspension with effect from 17. 5. 1999 till the date of dismissal from service shall be treated as the period spent on duty. The petitioners, feeling aggrieved by the order of the Disciplinary authority, preferred Appeal before the Chancellor of the University. The Office of the Chancellor, by letter dated 23. 6. 2001, returned the appeals filed by the petitioners to the Vice Chancellor of the University stating that the Syndicate is the Appellate Authority. Thereafter, the registrar of University issued an endorsement stating that the Syndicate considered and rejected their Appeal. Therefore, the petitioners are before this Court.

(3.) THE Chancellor of the University has filed statement of objections contending that appeal lies to the Syndicate, who is the immediate superior authority to the Vice-Chancellor and therefore the chancellor is justified in returning the Appeal by order dated 23. 6. 2001.