SANJAY SHANKER MANWAL Vs. LUCKNOW UNIVERSITY AND

JUDGEMENT

(1.) RAKESH Sharma, J. Heard Sri Sanjay Shanker Manwal, a removed employee of Lucknow University, who is present in person. Sri I. B. Singh, learned standing counsel for Lucknow University has put in appearance on behalf of opposite parties and put forth his version.

(2.) UNDER challenge is an order of removal passed on 30. 11. 2006 by the Vice-Chancellor, Lucknow University, Lucknow. A departmental enquiry was initiated against the petitioner to inquire into an incident which took place in the office of Registrar, Sri K. N. Pandey, Lucknow on 9. 5. 2006 at 11. 25 a. m. It was alleged that Sri Sanjay Shanker Manwal, entered the office of Registrar on 9. 5. 2006 at 11. 25 a. m. He was hurling abuses and asking for attendance register. He misbehaved with Dr. K. N. Pandey, Registrar of Lucknow University, in the presence of Sri H. K. Gupta Superintendent. It has been alleged that Sri Sanjay Shanker Manwal, had brought a plastic bottle containing petrol mixed with kerosene oil. He threw it on Dr. K. N. Pandey. After this he tried to ignite Match Box to put Dr. K. N. Pandey and himself in flames. However, on intervention of the persons present, both the above persons were saved. A preliminary enquiry was setup by the Vice Chancellor, Dr. A. N. Singh, proctor was appointed to conduct a preliminary enquiry who had submitted his report to the Vice Chancellor. After going through the contents of the preliminary enquiry report a decision was taken to hold a formal regular departmental enquiry against the petitioner. He was put under suspension vide order dated 11. 5. 2006. Charge sheet was issued against him on 13. 7. 2006, a copy of which has been annexed as Annexure-4 to the writ petition. This charge-sheet contains the subject-matter of accusation against the petitioner and the evidence cited in support of the charges. Six documents were referred to in the charge- sheet, which were to be used against the petitioner.

(3.) IT is noteworthy that in the present case the departmental enquiry has been conducted by Sri Nanak Chand Harit, a retired District Judge. After receiving enquiry officer's report a show cause notice was issued to the petitioner on 20. 9. 2006 to which the petitioner submitted his reply on 4. 10. 2006. After going through the replies submitted made by the petitioner, the delinquent employee, final order of penalty, i. e. , removal from services was passed against him by the appointing authority, i. e. , Vice-Chancellor, Lucknow University, Lucknow.