STATE OF GUJARAT Vs. SATISHCHANDRA BALASHANKER VORA

JUDGEMENT

(1.) State of Gujarat being aggrieved by the order passed by learned Single Judge in Special Civil Application No. 9418 of 1998 on 30.12.1998 allowing the petition, has preferred this appeal.

(2.) The aforesaid Special Civil Application was filed by respondent No.1 herein [hereinafter referred to as the petitioner]. The petitioner stood dismissed from the office of the Vice Chancellor of respondent No.3 Gujarat University [hereinafter referred to as the University] as the petitioner went abroad without prior approval of the Chancellor, to attend a conference at Bangkok from 12th to 14/11/1997; The petitioner also failed to obtain political clearance from the concerned Ministry of the Government of India before proceeding abroad. It is the case of the petitioner that the petitioner was appointed as Vice Chancellor of the University by a notification of the State Government dated 27.12.1996 for a period of three years. An invitation for participating in the 4th mid-term conference organised by the International Association of Universities at Bangkok was extended which was ultimately accepted and approved by Executive Council of the University on 5.10.1997. The expenditure of Rs.53,750.00 was to be made available as per the rules from the unassigned grant of the University Grants Commission. On 6/10/1997, the petitioner addressed a letter to the Chancellor intimating in this behalf and sought the permission of the Chancellor to attend the said conference and to grant him duty leave from 9.11.1997 to 18.11.1997. Along with the said letter, he requested to nominate Prof. K. S. Shastri under the provisions contained in 10 (6) (a) of the Gujarat University Act [hereinafter referred to as the Act], to perform the current duties of the Vice Chancellor during his absence. On 14.10.1997, Additional Chief Secretary addressed a letter calling for the following information for consideration of His Excellency the Governor, who is also the Chancellor of University :-

(3.) On 17.10.1997, D.C. Vora, Deputy Secretary in the Education Department of the State of Gujarat, by a special messenger, forwarded a letter to the Registrar of the University with regard to queries No. 1,2 and 3 referred to hereinabove, and to reply in that behalf immediately. On 18.10.1997, the Registrar of the University replied to the aforesaid letter interalia stating that :- "