M R NAGARAJU Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) Petitioners 1 and 2 are working as Senior Assistants in Bangalore University and Petitioner-3 is the Superintendent in the Examination Branch of the Bangalore University. According to the Statutes, both these posts are included in Class III of Schedule C. Section 50 of the Karnataka State Universities Act, 1976 deals with the appointment of non-teaching and ministerial staff. Sub-sections (5) and (6), on the basis of which the arguments are constructed by the learned Advocate read thus :

(2.) Under Sub-section (6) of Section 50, power of appointment in respect of Group 'C' and 'D' posts is given to the Vice-Chancellor. It logically follows that he would be the appointing authority in terms of the definition clause and he will also be the authority to place the officials under suspension. He is not required to report the matter to the Chancellor. This policy makes it clear that in the case of Group 'C' and 'D' Officers, the appointing authority as well as the suspending authority is the Vice-Chancellor and his power is absolute. This being the legal position, let me examine the validity of the order passed in this case which reads thus :

(3.) Smt. B. P. Anasuya, Superintendent Petitioner