T J O BRIEN Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) In these proceedings the Writ Petitioner has sought various reliefs. This pertains to his grievance in regard to an Order dated 16.4.2001 suspending him from the services of the second Respondent (hereafter called as "the College").

(2.) The writ petition had been heard and disposed off by a judgment dated 17/5/2004 in which it was held that the Governing Body of the College was not empowered to suspend or terminate the services of the Petitioner, its Principal, without prior approval of the Executive Council. In the course of hearing the Petitioner had confined his reliefs to claim a challenge to the order of suspension on four specific grounds. The judgment set aside the suspension for the reason that it had been issued by the Governing Body and therefore not authorized by law. It was carried in appeal to the Division Bench which by its judgment dated 7/12/2005 in LPA No.566/2004, set aside the judgment dated 17/4/2004 It was held that the Governing Body had power to suspend the Petitioner. The Division Bench required a fresh hearing and disposal on the other issues pertaining to the Petitioner's challenge to his suspension. Facts of the Case :

(3.) The Petitioner "was appointed as Principal of the College. He claims that, in 1999, immediately on assuming charge, he found a low level of academic discipline prevailing in the institution. Therefore, he took steps to restore the same, which was not to the liking of many staff members who got an enquiry instituted against him, which was initially under Justice M.L.Jain (Retd.) and later under Justice Satpal ( Retd.). The main charge against the petitioner was of improper admissions and permitting change of course to 18 students in violation of the rules. There were also charges of financial irregularities.