PROF RAMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner seeks the quashing of the order dated 16th July, 2005 passed by the Chancellor of the Bundelkhand University, Jhansi as well as the enquiry report dated 2nd June, 2005 submitted by the Commissioner, Jhansi Division, Jhansi.

(2.) THE petitioner was at the relevant time functioning as the Vice-Chancellor of the Bundelkhand University, Jhansi (hereinafter referred to as the 'university') which was established under the provisions of U. P. State Universities Act, 1973 (hereinafter referred to as the 'act' ). This was his second tenure of three years and was in continuity of his earlier tenure from 1999 to 2002 and was to come to an end on 31st July, 2005 but the Chancellor of the University by the order dated 16th July, 2005 purporting to exercise his powers under Section 12 (12) of the Act removed the petitioner. The said removal order was preceded by issuance of a show cause notice dated 24th June, 2005 issued by the Chancellor of the University whereby the petitioner was required to submit his explanation as to why he should not be removed from the office of the Vice-Chancellor under Section 12 (12) of the Act on the basis of the enquiry report which was enclosed with the said notice. This enquiry report dated 2nd June, 2005 had been submitted by the Commissioner, Jhansi pursuant to the directions issued by the State Government under Section 8 (1) of the Act.

(3.) WE have carefully considered the submissions advanced by the learned Counsel for the parties.