COMMITTEE OF MANAGEMENT DEV NAGRI POST GRADUATE COLLEGE MEERUT Vs. VICE CHANCELLOR CHOUDHARY CHARAN SINGH UNIVERSITY MEERUT

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the letter dated 15-3-1997 (Annexure 20 to the writ petition) constituting the Enquiry Commit tee against the petitioner and letter dated 27-3-1997 to appear before the Enquiry Committee.

(2.) DEV Nagri Post Graduate College, Meerut ( here in after referred to as the Col lege) is affiliated to Choudhary Charan Singh University, Meerut. A Committee of Management manages and controls the af fairs of the College. Dr. P. C. Pachauri was Principal of the College. The petitioner suspended him on the charges of financial irregularities, misconduct and mismanage ment. The disciplinary proceedings have been initiated against him. It appears com plaint was made to the Vice- Chancellor, Choudhary Charan Singh University, Meerut against the conduct of the Commit tee of Management of the College. The Vice Chancellor constituted an Enquiry Com mittee to make enquiry against the conduct and functioning of the petitioner. The petitioner was issued a notice to submit its reply by letter dated 27-3- 1997. The petitioner has challenged the order of respondent No. 1 constituting the Enquiry Committee dated 15-3-1997 and show cause notice dated 27-3-1997. Sri Shailendra, learned counsel for the petitioner, con tended that the Vice-Chancellor has no jurisdiction under Section 13 of the U. P. State Universities Act, 1973 (in short the Act) to constitute any enquiry committee to make an enquiry against the Committee of Management of the College.

(3.) THE next submission of the learned counsel for the petitioner is that the Vice-Chancellor has in fact exercised this power only to pressurise the Committee of Management not tc continue with the dis ciplinary proceedings against Dr. P. C. Pachauri, respondent No. 3. It has not been shown that the Vice-Chancellor is acting mala fide. THEre is no material to establish that the Vice-Chancellor or any member of the Committee which has been constituted by the Vice-Chancellor, is any way either related to respondent No. 3 or otherwise interested in him.