K.P.GUPTA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THIS is an unsuccessful writ petitioner's appeal, questioning the decision of a learned Single Judge. The impugned judgment dismissed the appellant's writ petition, whereby he had challenged the action of the Delhi University ("the University") in issuing him a show cause notice pursuant to an Enquiry Report submitted in respect of allegations of his misconduct.

(2.) THE facts, briefly, are that the Petitioner was at the relevant time a Professor in the Department of Chinese and Japanese Studies of the University. He had also held the position of Head of Department. The University alleged that complaints were received by its Vice Chancellor in respect of irregularities by the petitioner in the purchase of a computer. An enquiry was ordered to be conducted by the Internal Audit Officer to ascertain the veracity of these allegations. The appellant was requested by the Internal Audit Officer to cooperate in the enquiry. Allegedly, the appellant did not cooperate with the Internal Audit Officer and the said Audit Officer had to personally visit the appellant's office on October 26, 1993. It was stated that during that visit, he could not locate the computer in the departmental office, Laboratory, Library or Teachers Room. This led to appointment of a Committee headed by Professor Namwar Singh ("the Namwar Committee") to examine whether there was a prima facie case for a full fledged investigation and departmental enquiry. The appellant took part in the proceedings of the Namwar Committee's inquiry. That committee was of the opinion that a prima facie case for departmental enquiry existed, on the basis of the materials it considered.

(3.) THE University decided to hold a departmental enquiry against the Appellant. This was followed with the drawing -up of Articles of Charges against the appellant listing three charges and a Statement of Imputation of misconduct in support of the said charges. These were sent to the appellant. The Articles of Charges and Statement of Imputations enclosed a list of documents relied on. The appellant was told that Dr. C.B. Gupta, former Principal of Shri Ram College of Commerce, would act as the Enquiry Officer. Dr. C.B. Gupta Committee, the enquiry authority, called on the appellant to participate in the committee and issued letters to him to attend the proceedings held on August 31, 1995, October 27, 1995, November 3, 1995 and November 10, 1995. He, however, did not submit any written statement of defence, and also did not participate in the said enquiry. This was in spite of receipt of communication issued by the enquiry authority to him.