S C BHATIA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) ALTHOUGH several prayers had been made in this writ petition, the learned counsel for the petitioner, at the time of hearing of this writ petition, limited the scope thereof to prayers (I) and (IV ). The learned counsel for the petitioner, however, submitted that this would be subject to his rights and contentions in the appeal (RFA No. 562/2005) which has been filed on behalf of the Delhi University against the judgment and decree dated 16. 05. 2005 passed by a learned District Judge in the petitioner's suit No. 151/1995.

(2.) PRAYER (I) of the writ petition seeks the quashing of the show cause notice dated 27. 03. 1996, whereby the petitioner has been called upon to show cause as to why his services be not terminated. Prayer (IV) flows out of prayer (I) inasmuch as the petitioner is seeking a writ, direction or order restraining the respondent University from, in any manner, terminating the services of the petitioner.

(3.) THE main ground urged by the learned counsel for the petitioner is that the impugned show cause notice dated 27. 03. 1996 is liable to be set aside because the petitioner had already been given the punishment of demoting him to the lower rank of a Reader by virtue of the Office memorandum dated 15/16. 10. 1994. Consequently, the impugned show cause notice and the proceedings pursuant thereto would be in the nature of a review for which there is no provision either under the Delhi University act, 1922 or the Statutes and Ordinances made thereunder. It is the contention of the learned counsel for the petitioner that the power of review has to be expressly given by a statute and, if there is no such power, it is well-settled, that quasi-judicial authorities do not have any inherent power of review.