VINAY KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri Shailendra, learned Counsel for the Petitioner. Learned Standing Counsel appears for the State Respondents. Shri B.D. Mandhyan, Sr. Advocate assisted by Shri Satish Mandhyan appears for the University.

(2.) The Petitioner is serving as Professor in the Department of Commerce, Deen Dayal Upadhyay, Gorakhpur University, Gorakhpur. He was appointed as Coordinator of B. Ed. Examination by the University for the period upto 17.5.2008. By this writ petition he has prayed for directions to set aside the exparte enquiry report dated 12.12.2007 and suspension order dated 26.4.2009. He has also prayed for a writ of mandamus directing the Respondents to complete the enquiry under Section 8(1) of the U.P. State Universities Act, 1973, and to proceed for enquiry under Section 8(4) only, if anything is found against him. He has also made prayer to direct the Respondents to verify whether any complaint in the form of affidavit exists and whether any prima facie case exists with regard to irregularities in B. Ed. examination.

(3.) The writ petition was filed on 8th May, 2009. The matter was heard and was directed to be put up for further arguments on 30.6.2009 and was adjourned on 3.7.2009. In the meantime, the Executive Council by its recommendations dated 28.6.2009 communicated to the Petitioner by order dated 30.6.2009, decided to dismiss the Petitioner from service. The Vice Chancellor by his order dated 30.6.2009 has dismissed the Petitioner from service.