TANZEEM FATIMA Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) 1. The writ petitioner is under suspension and the charge-sheet has been issued upon the petitioner. The petitioner's grievance is that unless and until an independent person or body is appointed, there is every likelihood of bias inquiry by the Inquiry Officer, who will be appointed by the University.

(2.) We have also come to know that the respondent no.8 has filed an F.I.R. against the petitioner and the petitioner has also filed F.I.R. against the respondent no.8. Therefore, the petitioner is also an accused, who cannot pray for investigating agency as per her choice. However, at this juncture a question arose before the court that since it is a dispute as regards the service and the Inquiry Officer is to be appointed as per statute 40 (3) (c) of the Aligarh Muslim University Act 1920, we are of the view that the petitioner's grievance being a lady member of the service cannot be ignored in limine. However, we cannot interfere with the matter at this stage. But as the statute 40 (3) (c) provides that a person under suspension can go before the Executive Council with his/her grievance, she is at liberty to approach Executive Council for the purpose of redressal of her grievance. An Executive Council is not only made by the teachers staff of the University but also outsider of the University. Therefore, there would be a collective decision. Under such circumstance, we dispose of the matter with the direction to the petitioner to make a representation before the Executive Council, who will consider the matter in accordance with law and also taking into account the judgment of Supreme Court in re: (1997) 6 SCC 241(Vishaka & Others Vs State of Rajasthan & Others). The petitioner will make a representation within a period of one week from the date of obtaining certified copy of the order.

(3.) The Executive Council will consider the same upon giving fullest opportunity of hearing and by passing a reasoned order thereon within a period of one month from the date of making representation. For the purpose of effective adjudication a copy of the writ petition along with annexure can be treated as part and parcel of the representation. Thus, the writ petition stands disposed of. However, no order is passed as to costs.