LAXMIKANT H. MAHARISHI SINCE DIED THROUGH HIS LEGAL HEIRS AND OTHERS Vs. GUJARAT AYURVED UNIVERSITY, JAMNAGAR

JUDGEMENT

(1.) The petitioner being aggrieved of the order dated 18.5.2002 whereby the petitioner was dismissed from service, with immediate effect has approached this Court by filing this petition praying that.

(2.) The facts of the case are that the petitioner was appointed as Accounts Officer on 26.5.1989. The petitioner was placed in the pay scale of Deputy Registrar and was discharging duties as Chief Accounts Officer. On 31.8.1996 he was given additional charge of the post of Registrar with effect from 1.9.1996. Thereafter, by notification dated 7.10.1997 issued under Sec. 10(4) of the Gujarat Ayurved University Act, 1965, he was given additional charge of the post of Vice-Chancellor to perform the current duties. The petitioner successfully held this charge till 4.4.1998 as Dr. Kurup was appointed as Vice-Chancellor of Gujarat Ayurved University by notification dated 3.4.1998.

(3.) By Resolution of the Syndicate dated 8.2.1999 and consequential order dated 19.2.1999 the petitioner was given ad hoc appointment as Registrar for one year. In the Senate meeting dated 25.2.2000 one Shri Ashok bhai Manda alleged misuse of powers by the petitioner while he was holding additional charge of Vice-Chancellor and a Resolution was passed to take disciplinary action for the alleged, financial irregularity. By the said Resolution it was recommended to the Syndicate that the petitioner be placed on his original post. It was further resolved that the said Resolution be forwarded to the Chancellor and the State Government, but then after prolonged discussion, on a clear understanding that the aforesaid matter will be considered by the Syndicate, the Senator (Shri Ashokbhai Nanda) with the consent of the House withdrew the said Resolution. Thereafter, said Resolution was placed before the Syndicate in its meeting dated 1.4.2000. The Syndicate in its meeting resolved that the petitioner be posted back on his original post (Deputy Registrar) and he be further transferred as Chief Accounts Officer and the charge of the post of Registrar be handed over to Dr. A.J. Baxi (Professor) and that immediate steps be taken to fill in the post of Registrar on regular basis. In addition to that the Syndicate resolved that the allegations of misuse of powers of the petitioners be inquired into by an Inquiry Committee, consisting of Shri Ashokblai Nanda, Syndicate Member, Ms. Muktaben Makani, Syndicate Member and Indubhai Vora, Senator. The Committee was to submit its report within three months. It is recorded in the proceedings of the said meeting (162nd meeting of the Syndicate dated 1.4.2000), that during the aforesaid discussion Shri L.H. Maharshi had absented himself by remaining out from the House. At this juncture, it is required to be noted that the Syndicate had appointed the Inquiry Committee consisting of Shri Ashokbhai Nanda, who alleged misuse of power against the petitioner and Shri I.C. Vora, who had seconded the allegation in the Senate meeting dated 25.2.2000.