M VADIVEL Vs. CHANCELLOR BHARATHIYAR UNIVERSITY

JUDGEMENT

(1.) The petitioner has prayed for quashing the order dated 30.11.1994 on the basis of the resolution No.250, passed by the syndicate and the consequential order dated 4.6.1997.

(2.) The petitioner was appointed as Deputy Registrar under the Bharathiyar University, the third respondent. A departmental proceeding was initiated against the petitioner. For holding the enquiry, five members committee headed by a retired District Judge and consisting of 4 members of the syndicate had been constituted. Six charges had been framed, out of which first three charges, which are relevant for the purpose of the present writ petition, are extracted hereunder :- “ Charge 1 Abuse of Official position as Deputy Registrar of Bharathiar University, Coimbatore, cheating the public, and resultant indulgence in corruption, failure to maintain absolute integrity thereby bringing dis-repute to the fair name of Bharathiar University, lack of loyalty towards the interests of the Bharathiar University and flagrant violation of the conduct rules of the Bharathiar University in force. Charge II Abuse of Official position as Deputy Registrar of Bharathiar University, Coimbatore, cheating the public, and resultant indulgence in corruption, failure to maintain absolute integrity thereby bringing dis-repute to the fair name of Bharathiar University, lack of loyalty towards the interests of the Bharathiar University and flagrant violation of the conduct rules of the Bharathiar University in force. Charge III Abuse of Official position as Deputy Registrar of Bharathiar University, Coimbatore, cheating the public, and resultant indulgence in corruption, failure to maintain absolute integrity thereby bringing dis-repute to the fair name of Bharathiar University, lack of loyalty towards the interests of the Bharathiar University and flagrant violation of the conduct rules of the Bharathiar University in force.” The petitioner denied the allegations. Ultimately the enquiry committee found the petitioner guilty of three charges extracted above while finding him not guilty in respect of other charges. The syndicate agreeing with the conclusions of the enquiry committee, issued second show cause notice to the petitioner and ultimately passed an order of dismissal. The petitioner filed an appeal before the Chancellor, who by order dated 15.9.1995 remitted the matter to the syndicate for reconsideration. Thereafter the syndicate again passed a resolution to the effect that the earlier decision of the syndicate stands and consequently an order of dismissal has again been communicated to the petitioner. After such subsequent order of dismissal, the present writ petition has been filed.

(3.) Learned counsel appearing for the petitioner has raised the following contentions :-