RAMA PATNAYAK Vs. GOVERNING BODY SHIVAJI COLLEGE

JUDGEMENT

(1.) Both these writ petitions have been taken up for disposal together because the petitioner has made similar prayers in both these writ petitions. The prayers made by the petitioner in these petitions in substance relate to quashing of departmental proceedings initiated against her and to revoke the suspension order passed against her.

(2.) The petitioner was a Principal in Shivaji College under Delhi University. There were serious allegations against her and the university authorities including the Governing Body of the College wanted to initiate departmental inquiry against her. The Governing Body of Shivaji College vide resolution passed in its meeting held on 25th September, 2006 decided to suspend the petitioner from the post of Principal and to hold an inquiry against her. Before the resolution dated 25th September, 2006 was passed by the Governing Body of Shivaji College, a fact finding inquiry was got conducted against the petitioner which indicted her of the charges for which inquiry was proposed to be held against her. Pursuant to the decision taken by the Governing Body of Shivaji College vide resolution dated 25th September, 2006, the article of charges were served upon the petitioner which are at pages 84-87 of the paper book of the writ petition being WP(C) No.8857/2007. A perusal of the article of charges served upon the petitioner would show that there were allegations against the petitioner even of financial irregularities besides other accusations made against her. A retired Judge of this court Hon'ble Mr. Justice M.A. Khan has been appointed by the Governing Body on 03rd May, 2007 to hold an inquiry into the charges against the petitioner. During the pendency of the inquiry against the petitioner, the petitioner was suspended from service w.e.f. 25th October, 2006 and she continues to be on suspension till date.

(3.) After suspension of the petitioner from the post of Principal in Shivaji College, need arose in the College for appointing an officiating principal to look after the day to day responsibilities of the College. The university authorities appointed one Mr. Rajesh Mohan as Officer on Special Duty (OSD) to look after the day to day responsibilities of the College and his continuation on the said post was extended by the Governing Body of the College in its meeting held on 04th April, 2007 and 24th April, 2007. Mr. Rajesh Mohan is continuing in Shivaji College on the post of OSD till date.