SATPAL Vs. JAMIA MILLIA ISLAMIA UNIVERSITY

JUDGEMENT

(1.) THIS is a writ petition whereby challenge is laid to the following:

(2.) THE challenge to the aforesaid orders arises in the background of the following brief facts which, according to me, are relevant for dealing with the issue at hand.

(3.) MS Ghosh, who appears for the petitioner, has assailed the impugned orders, the two minutes of meeting of the EC referred to above, and the inquiry report, broadly, on the following grounds: (i)(a) Statute 5 (4)(i) of the Statutes of the University provides that, in case qua an employee of the University (who is not a teacher or an academic staff), disciplinary action is taken by the Registrar, and if, during the course of the inquiry it is revealed that punishment beyond the powers of the Registrar is called for, then upon conclusion of the inquiry a report is to be made to the VC along with the recommendation of the Registrar. Admittedly, Registrar had no power to impose a punishment of removal from service, on an employee. Consequently, qua the petitioner, the punishment of removal from service could, therefore, only be imposed by the VC, and that too upon consideration of the representation made in that behalf. An appeal against such a decision of the VC would lie to the EC, as per the proviso to Statute 5(4)(iii).