SATISHCHANDRA BALASHANKER VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the impugned Notification dated 9.11.1998, the petitioner-Satischandra B Vora has been dismissed from the office of the Vice-Chancellor, Gujarat University on the following alleged acts of misconduct and misdemeanour.

(2.) The petitioner is a Professor of Statistics and Business Management. He was appointed as Vice Chancellor of the Gujarat University by Notification of the State Government dated 27.12.1996 for a period of 3 years. He received an invitation for participating in Fourth Mid-term Conference on the subject "Universities Responsibilities to the Society." at Bangkok, Thailand, organized by the International Association of Universities from 12th to 14th November, 1997. This invitation was placed for consideration before the Executive Council of the University on 5.10.1997. The Committee accepted the invitation and approved the expenditure of Rs.53,750.00. It was noted that the said expenditure will be available as per the rules from the unassigned grant of the University Grants Commission. On the very next day, i.e. on 6.10.97, the petitioner addressed a letter to His Excellency, the Governor of Gujarat with a request to permit him to attend the said Conference and grant to him 'duty leave' for the period from 9.11.97 to 18.11.97. He also made a request for making alternative arrangement in accordance with the provisions of section 10(6) (a) of the Gujarat University Act. Under letter dated 17.10.97, the Dy.Secretary to the Government of Gujarat, Education Department sought certain clarifications from the Registrar of the Gujarat University with respect to the participation of the Vice Chancellor in the Fourth Mid-term Conference organized by the International Association of Universities. The Government particularly wanted to know firstly, if Mr Vora proposed to visit Thailand on official passport; secondly, who will bear the expenditure of the tour and thirdly, if the expenses on hospitality are to be borne by the host as to whether political clearance would be required from the Government of India, Ministry of Home Affairs. On the very next day, the Registrar Shri M P Jadia, in his letter dated 18.10.97, informed the Government that permission has been granted by the University Grants Commission under letter dated 3.10.97 for participating in the said Conference. It was also informed that 100% expenditure is to be borne by the University Grants Commission from the unassigned grant scheme. With respect to the expenses on hospitality by the host and political clearance in that event, it was informed that there appears to be no need to get political clearance as the entire expenditure will be borne by the University Grants Commission (for short 'UGC'). It appears that the petitioner heard nothing thereafter and as such he left the Country for attending the Conference as per schedule. By letter dated 31.1.1998, the Addl.Chief Secretary, Education Department sought explanation from the petitioner with respect to his leaving the Country without obtaining prior permission of the Chancellor and also without obtaining political clearance from the Ministry of External Affairs. The petitioner replied the said notice under communication dated 9.2.1998 informing that the entire matter has been discussed with Shri Dilipbhai Parikh, the then Chief Minister of the State of Gujarat and also clarified to His Excellency, the Governor who is the Chancellor of the University. A copy of the letter dated 24.12.1997 was also enclosed. The letter dated 24.12.97 was addressed to His Excellency stating that the petitioner was required to attend the Conference as part of his duty to keep abreast of world trend in the higher education. He also submitted that the UGC had sanctioned his tour programme. The office of the Chancellor was also informed about his tour. The petitioner expressed that there appears to be some communication gap creating some misunderstanding, which must now stand clarified. After the petitioner's letter dated 9.2.1998, another show cause notice dated 9.7.98 was served upon him by the Principal Secretary, Government of Gujarat, Education Department, stating that the explanation given in the letter dated 9.2.97 has not been found satisfactory. It was pointed out that the reply is not point-wise and no clarification has been made with respect to the political clearance. The petitioner was also informed that the explanation given by him has not been accepted by His Excellency, the Governor. The petitioner, therefore, was called upon to give his explanation as to why disciplinary action should not be taken against him. The petitioner was also given an opportunity of being heard in person. He was asked to meet the signatory of the notice i.e. the Principal Secretary to the Government of Gujarat, Education Department on 24.7.1998 at 12.00 hours in his office. The petitioner submitted his explanation under communication dated 24.7.98. It was expressed that he was not aware as to what is the connotation of 'political clearance' in the context of the Vice-Chancellor attending the Mid-term Conference organized by the International Association of Universities for which the UGC has provided 100% assistance. It was also made clear that neither any funds of the Gujarat University was to be spent nor any foreign agency was to provide any financial assistance in that connection. It was also submitted that the petitioner sought permission from the Chancellor for attending the Conference under letter dated 6.10.97. Certain clarifications sought by letter dated 17.10.97 were also satisfactorily replied. Since there was no reply, it was his bonafide belief that he would receive permission in due course and as such he proceeded to attend the Conference. It was emphasized that it was incumbent upon the Vice-Chancellor to attend the Conference for better exposure and widening the horizon which could be beneficial not only to him personally and the Gujarat University but also to the field of education as such. It was also pointed out that since inception of the Gujarat University, every Vice-Chancellor had gone abroad for such purpose without obtaining political clearance. It was generally understood that such permission is necessary for employees of the Government and not for the Vice-Chancellors, who, though appointed by the Government, are not Government servants as such. It was also pointed out that even in the list of protocol, name of the Vice-Chancellor appears in the non-officials' list. The petitioner also invited attention to the fact that he had subsequently called upon the Hon'ble Chancellor and also addressed letter dated 24.12.97. In his personal meeting, His Excellency, the Governor did not even touch upon the issue, which led the petitioner to believe that the matter has been settled. The petitioner, in continuation of the letter dated 24.7.98, made further submission under communication dated 22.8.98 addressed to the Addl.Chief Secretary, Education, Government of Gujarat. In the said letter, the petitioner not only made his position clear but has also submitted that he is only a simple Teacher by profession and as such even if there is any lapse on his part, it was minor in nature and may not be proceeded further, more particularly, when his visit has not in any way adversely affected the interest of the country or the University. Nothing was heard thereafter till 9.11.98, when the petitioner was served with the impugned order of dismissal.

(3.) A counter affidavit has been filed by Mr D C Vora, Dy.Secretary in the Education Department. It is stated that there are many instances of misdemeanour and the impugned notice which specifies the culmination of all misdeeds on the part of the petitioner, is only one of the instances of his misdemeanour. He has referred to following additional instances: