DR. SHYAM NARAIN PANDE Vs. VICE

JUDGEMENT

(1.) The petitioner was appointed to the post of Professor and Head of the Department of Geography in the K. B. Post-Graduate College, Mirzapur, which is affiliated to the Gorakhpur University, on Aug. 3, 1964 and was confirmed on the Post on Aug. 3. 1966. He is aggrieved by an order of the Vice-Chancellor dated Mar. 9, 1981 rejecting his representation against the order dated Dec. 17, 1967, purporting to terminate the services of the petitioner by giving him 3 months notice, on the ground that his representation was not maintainable. The petitioner has in the alternative, also assailed the validity of the order of termination dated Dec. 17, 1967 passed by the Committee of Management.

(2.) The relevant facts are that the petitioner was appointed to the aforesaid post on Aug. 3, 1964 and after the approval of the Vice-Chancellor, Gorakhpur University, he was confirmed on the said post on Aug. 3, 1966. The Management asserts that there were some complaints as a result of which at a meeting of the Managing Committee a sub-committee of three members, namely, Sarvsri A. K. Bannerji, Mahendra Prasad Agarwal and Bisheshwar Nath Seth, was constituted to enquire into those complaints. The sub-committee is said to have enquired into the matter and submitted its report. This report has, however, not been made part of the record, though a copy of the same was produced by the counsel for the respondent from a perusal of which it is clear that there was no complaint against the petitioner so as to bring his case within any of sub-clauses (d) to of Statute 24 (4) to be mentioned hereafter. That report also shows that the sub-committee recommended that the services of the petitioner be terminated under Cl. (5) of Statute 24 of Chap. XIV of the First Statutes of the Gorakhpur University (hereinafter referred to as the Act). The respondent-Management Committee asserts that on a consideration of this report it was unanimously decided at a meeting held on Dec. 17, 1967 by the Committee of Management to terminate the petitioners services by giving him three months notice.

(3.) Aggrieved by the aforesaid action of the Committee of Management the petitioner filed a civil suit No. 21 of 1968 which was finally dismissed by the Supreme Court with the dismissal of the special leave petition on April 2, 1980. Thereafter the petitioner challenged the order by way of an appeal before the Vice-Chancellor who dismissed the same by an order dated Mar. 9, 1981 on the ground that he had no jurisdiction to review an order of termination passed under the old statutes.