MANJU CHANDRA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) RULE.

(2.) With the consent of the parties, the matter has been heard and disposed of by this order.

(3.) Petitioner was Reader in Daulat Ram College. Her services were terminated on 23.12.1997 for her remaining absent without leave. She filed an appeal under Clause 9 (I) of the Annexure to Ordinance XII of the Ordinances of the University. Under Clause 9 (1) any dispute arising in connection with the termination of the services of the teacher, except when on probation, by the Governing body shall be referred to the arbitration of an Appeal Committee of three independent persons appointed by the Chancellor, who shall have power to enquire into all the facts of the case and to interpret the terms of the agreement, and their decision shall be final and binding on both the parties. In terms of the aforesaid clause, the Appeal Committee shall give its final decision within a reasonable time. On receipt of this appeal, the Chancellor constituted a committee of three independent persons on 26.7.2000 to decide the dispute regarding the termination of the petitioner. However, the committee could not meet for quite some time as one or the other Member of the Committee expressed his/her inability to continue as Member of the Committee. On 11.6.2001, another Committee was constituted in view of the inability expressed by Prof. K.N. Tripathi to continue as a Member of the Committee. This committee could also not function as both Professors, namely, Mrs.Nomita Aggarwal and Prof. Mrs.S.K. Verma expressed their inability to continue as Members of the Committee. On expressing their inability to continue as Members of the Committee, the Chancellor on 5.9.2001, constituted still another Committee. This Commission could also not function as the Convener of the Committee, namely, Mr.M.C. Gupta, Director, Indian Institute of Public Administration demitted his office and was thus unable to continue as Convener of the Committee. On Mr.M.C. Gupta demitting his office as Director, Indian Institute of Public Administration the Vice Chancellor on 9/14.5.2002, appointed Dr.P.L. Sanjeev Reddy, Director Indian Institute of Public Administration as Convener of the Committee. I am informed that despite this Committee having constituted on 14.5.2002, they have not yet started hearing of the matter.