MANOJ KUMAR CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) The Registrar of Chaudhary Charan Singh University, Meerut1, which is governed by the provisions of the Uttar Pradesh State Universities Act, 1973, has filed this petition for quashing the orders dated 21 October 2014, 28 October 2014, 14 November 2014, 1 December 2014, 4 December 2014 and 13 January 2015 passed by the Vice-Chancellor of the University.

(2.) The petitioner, who was working as the Secretary of Muzaffarnagar Development Authority, was posted as the Registrar of the University by order dated 28 February 2014 passed by the State Government exercising powers under Section 16 of the Act read with Rule 6 of the Uttar Pradesh State Universities (Centralised) Service Rules, 1975. He joined as the Registrar of the University on 2 March 2014. The Vice-Chancellor of the University issued an order dated 21 October 2014 relieving the petitioner, who had been working as the Registrar of the University, with immediate effect. The senior-most Deputy Registrar was further directed to officiate as the Registrar of the University. This order was followed by an order dated 28 October 2014. The Vice-Chancellor directed that no files should be placed before the petitioner without taking approval from the Vice-Chancellor because even after the order dated 21 October 2014, the petitioner was continuing to function as the Registrar of the University and was asking for files from the Department. The Vice-Chancellor of the University also passed an order dated 14 November 2014 directing all the Assistant Registrars/Deputy Registrars/Section Officers not to place any document or file before the petitioner who had already been relieved.

(3.) The Special Secretary in the Department of Higher Education, however, issued an office order dated 29 November 2014 that the order dated 21 October 2014 issued by the Vice-Chancellor of the University relieving the petitioner has been withdrawn by the Sate Government and that the petitioner would continue to function as the Registrar of the University as he had been appointed by the State Government and could be removed only by the State Government. The petitioner was directed to ensure compliance of the aforesaid order passed by the State Government. The petitioner, pursuant to the aforesaid order, took charge from the officiating Registrar on 30 November 2014 and informed the State Government of this fact by the communication dated 1 December 2014.