MURARI LAL Vs. INDIAN INSTITUTE OF TECHNOLOGY DELHI

JUDGEMENT

(1.) Although in the writ petition Four reliefs have been sought, but un Careful perusal of the same I find that the present writ petition is filed seeking for two specific reliefs. The first relief that is sought for is to quash the order of suspension dated 18/5/2001 passed against the petitioner and to allow him to discharge his duties as Chief Scientific Officer whereas the second relief is sought for in view of rejection of the request of the petitioner for grant of earned leave / from 18/6/2001 to 29/6/2001 to enable the petitioner to visit his daughter in USA. So far the second relief I.e. refusal to grant earned leave from 18/6/2001 to 28/6/2001 is concerned the said period has since expired and therefore , no order Is called for In respect of the same In the present writ petition. Being aware of the aforesaid position the counsel for the petitioner rightly also did not convass the said aspect of the matter In the present writ petition and his entire submission was confined to the issue with regard to the order of suspension passed against the petitioner.

(2.) It was submitted that the said order of suspension is illegal and invalid as the petitioner was not heard by the respondents before passing of the aforesaid order and therefore, there was violation of the principles of natural Justice. The order of suspension was also challenged on the ground that the respondents could not have passed the said order of suspension after issuance of the charge sheet to the petitioner as according to him the time limit stipulated for exercising the said jurisdiction has long expired. It was also submitted by him that the aforesaid decision of suspending the petitioner was taken by the competent authority not at his own instance but at the instance of the extra statutory authority who has no recognition in the eye of law.

(3.) In order to appreciate the aforesaid contentions of the counsel appearing for the petitioner it would be necessary to set out some background facts relating to passing of the aforesaid order of suspension. The petitioner is at present working with the respondent Institute as Chief Scientific Officer in the Centre for Atmospheric Sciences. On 15/1/2001, Dr. Mrs. Diksha Aggarwal, one of the petitioner's Project Associates submitted a representation/complaint against the petitioner to the Director of the Indian Institute of Technology. On receipt of the said representation/complaint a fact finding enquiry was set up on 19/1/2001 by the Disciplinary Authority of the Institute, inter alia, to look into the allegations made by said Dr. Mrs. Diksha Aggarwal . In the said fact finding enquiry the statement of the petitioner was recorded on 1/2/2001 and the statement of Dr . Mrs. Diksha Aggarwal was recorded on 2/2/2001. After conclusion of the said enquiry the Committee submitted a report to the Disciplinary Authority with the conclusion that a prima facie case was made out against the petitioner. The report of the said enquiry committee was submitted to the Director of the Indian Institute of Technology on 12/2/2001. On 19/4/2001 a charge sheet based on the report of the said fact finding preliminary enquiry was issued to the petitioner . In the said charge sheet several charges have been drawn up and listed against the petitioner with the proposal that a disciplinary enquiry be held against the petitioner . The petitioner submitted his written statement of defence on 8/5/2001. After submission of the said written statement the disciplinary authority passed the aforesaid order of suspension against the petitioner on 18/5/2001. It was stated in the said order that since a disciplinary proceeding against the petitioner is under way therefore, the disciplinary authority in exercise of powers conferred vide para 13(9) of the IIT Statute had ordered for placing the petitioner under suspension with immediate effect. Since the aforesaid order of suspension was passed by the respondents in exercise of the powers vested in Statute 13(9) of the IIT Statutes it would be appropriate to extract the relevant portion of the said provision here 13. Terms and conditions of service of permanent employees. Permanent employees of the Institute shall be governed by the following terms and conditions