MADAN GOPAL GUPTA Vs. AGRA UNIVERSITY

JUDGEMENT

(1.) THE petitioner Madan Gopal Gupta has filed the present application for striking out defence of the Agra Univer sity and its authorities in Writ Petition No. 5467 of 1970 filed by him challenging the validity of a resolution of the Executive Council of the Agra University dated 27th September, 1970, terminating his services from the post of Registrar of the University.

(2.) THE petitioner was Registrar of the Agra University. Certain charges were framed against him which were enquired into by a committee constituted by the Executive Council of the University. On the findings recorded by the Enquiry Committee, the Executive Council of the University passed a resolution dated 27th September. 1970, ter minating the petitioner's services. The peti tioner thereupon filed writ petition before this Court under Article 226 of the Cons titution (Writ Petition No. 5467 of 1970) challenging the said resolution of the Exe cutive Council on various grounds. One of the grounds raised by the petitioner was that the resolution of the Executive Council was vitiated because Sri Shital Prasad, the then Vice-Chancellor and Sri L. N. Varshney, a Member of the Executive Council, had ap peared as witnesses against the petitioner be fore the Committee of Enquiry and when the matter came up for final consideration before the Executive Council the said two persons participated in the meeting and held the charges proved against the petitioner. The Vice-Chancellor and L. N. Varshney, thus acted as witnesses as well as judges of then: own cause. Allegations of mala fide were also made against the Vice-Chancellor.

(3.) THE petitioner further filed an ap plication for amendment of the Writ Petition challenging the resolution of the University Executive Council dated 1st October, 1971. Respondents in the Writ Petition filed reply to the amendment application. They contend ed that the infirmity in the earlier resolution of the Executive Council dated 27th Septem ber, 1970, stood removed by the resolution dated 1st October, 1971. It was further al leged that the validity of the petitioner's re moval from service should be considered in the light of the resolution passed by the Exe cutive Council on 1st October, 1971. Thus the Executive Council has placed reliance on its resolution dated 1st October, 1971, which was the subject- matter of contempt proceedings before Ramabhadran, J.