NASREENARA Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) HEARD Shri Lihazur R. Khan on behalf of the petitioner; Shri P. S. Baghel on behalf of respondent No. 1 and 2, Shri H. N. Singh for respondent No. 3, learned Standing Counsel on behalf of respondent No. 4 and 5 and Shri U. N. Sharma learned Senior Counsel assisted by Shri Amit Sthalekar on behalf of respondent No. 6 and 7.

(2.) THE Hamidia Girls Degree College, Allahabad is a Girls Institution estab lished and managed by Muslim Minority. The said Degree College is an Associ ate College of the University of Allahabad. The petitioner Nasreen Ara was ap pointed as a Lecturer in the said College with the approval of the Vice Chancellor of the University on 30. 4. 1988. The petitioner was served with a charge-sheet dated 19. 1. 2005, to which she submitted reply. Enquiry proceedings were held by the Officer so appointed. The Inquiry Officer submitted his report which was forwarded to the petitioner under letter of the Manager dated 9th May, 2005 call ing upon the petitioner to submit her reply against the findings recorded in the inquiry report.

(3.) THE petitioner is said to have forwarded a letter dated 20. 5. 2005 to the Director, Higher Education U. P. as well as to the Higher Education Minister, Government of U. P. for transfer of the inquiry to some other Inquiry Officer. She however submitted an apology letter to the Manager of the Institution on 21/8/2005 followed by letter dated 27. 7. 2007. The Manager of the Institution vide his letter dated 7. 9. 2005 communicated the decision taken in the meeting of the Managing Committee of the institution dated 31. 8. 2005 qua imposition of the penalty of removal from service with immediate effect. The petitioner made a representation against the said order before the Vice Chancellor of the University, while the representation was pending, she approached this Court by means of this writ petition. During the pendency of the writ petition, the Vice Chancellor has proceeded to accord approval to the decision so taken by the Committee of Man agement. The order of the Vice Chancellor has been challenged by means of the Amendment Application which has been allowed by us.