SHAIL KUMAR CHAUBE Vs. BANARAS HINDU UNIVERSITY, VARANASI

JUDGEMENT

(1.) Heard Sri G.K. Singh, learned Senior Advocate assisted by Sri Udai Chandani, learned counsel for the petitioner and Sri V.K. Upadhya, learned Senior Advocate assisted by Sri Ritvik Upadhya, learned counsel for the Respondent-University.

(2.) At the very outset, learned counsel for the petitioner submits that petitioner is confining his writ petition only to the resolution adopted by the Executive Council dtd. 27/9/2019 and the consequential order of Registrar dtd. 21/10/2019.

(3.) Petitioner while working as a professor in the Department of Zoology Institute of Science, Banaras Hindu University was awarded with the punishment in the nature of compulsory retirement from service vide resolution adopted by the Executive Council in its meeting held on 27/9/2019 (Item No.19) and the consequential order passed by Registrar of the University dtd. 21/10/2019. It is this resolution of the Executive Council and the consequential order passed by the Registrar that are put to challenge before this Court in the present petition on the ground that the Executive Council being the disciplinary authority under Banaras Hindu University Act, 1915 and the statute framed thereunder exercises a quasi judicial power and, therefore, in the absence of any provision of law permitting it to review its decision, such review was bad for want of lawful authority. Learned Senior Advocate has also placed a judgment of this Court in the case of Gajadhar Prasad Mishra vs. Vice Chancellor, University of Allahabad and others: 1966 All LJ 324 (FB):1965 SCC Online All 345.