BHIM SEN SINGH Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) BY the present petition, the Petitioner, inter alia, seeks directions for quashing of the order of suspension dated 1st August, 2012 passed by the Respondent No.5, restraining the Respondents from interfering in the functioning of the Petitioner as Principal of Respondent No.2 and quashing of the appointment of the enquiry officer.

(2.) A brief exposition of the facts is that the Petitioner was appointed as the Principal of Respondent No.2 on 27th February, 1998. On 30th July, 2012 the Petitioner sent an invite for a press conference to be addressed by him as the Principal of Respondent No.2 at 1.00 PM on 31st July, 2012 so as to apprise the media regarding the credentials of Respondent No.5/ Chairman of the Governing Body of the college. In the press conference held on 31st July, 2012, the Petitioner leveled allegations against Respondent No.5 in public and called for his removal. It was also alleged that Respondent No.5 was considering selection of a person to the post of Vice-Principal of the college, who has been censured by an enquiry committee constituted a few years ago. Allegations were also made against the Registrar of the University stating that she was mentally unfit and against the Vice- Chancellor of the University as well. In view of the press-conference held by the Petitioner, 7 members of the Governing Body wrote to Respondent No.5 for convening a special meeting on emergent basis to consider the action of the Petitioner in calling and holding unauthorized press conference casting aspersion on the Chairman/ Respondent No.5 and officials of the Delhi University, filing a civil suit for defamation against the Dean, Students Welfare University in his capacity as Principal without obtaining approval of the Governing Body and for considering the recommendations of the Selection Committee regarding appointment of Vice-Principal. The Petitioner sought recusal from attending the said emergent meeting as issues regarding him were to be considered. Even Respondent No.5 expressed his desire to recuse but the other members of Governing Body decided against it and thus Respondent No.5 participated in that meeting. The said special meeting of the Governing Body of the college was held on 1 st August, 2012 which was attended by 9 out of 12 members of the Governing Body including Respondent No.5. The Governing Body unanimously decided to institute an enquiry into the actions of the Petitioner and resolved to place him under suspension with immediate effect, subject to approval of the University of Delhi and simultaneously resolved to appoint Dr. S.P. Gupta as Vice-Principal of the college, subject to approval of the University of Delhi. Consequently, on the approval of the competent authority, the following office order was issued:

(3.) AS regards the grievance of the Petitioner regarding permission to enter the college, the Petitioner was directed to place on record the material showing that he was taking classes as a teacher. However, the said material has not been placed on record which would have fortified the claim of the Petitioner that his going to the college was essential in the interest of the students.