MOAZZIZ ALI BEG Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) -The petitioner is a professor in the Department of Psychology in the Aligarh Muslim University and was, at the relevant time, the Chairman of the Department. By means of this petition he has assailed the jurisdiction of the Enquiry Authority, Sri M. K. Vasudevan, the respondent no. 4, to hold and proceed with the enquiry which has been initiated against him. The relief claimed is that the order dated 12-6-86 passed by the Vice Chancellor of the respondent University appointing Sri M. K. Vasudevan, formerly Commissioner for the Department of Enquiries, Central Vigilence Commission, as the Enquiry Authority to enquire into the charges framed against the petitioner be quashed.

(2.) THE sole ground of challenge to the impugned order dated 12-6-86 is that the power to appoint the Enquiry Authority vests exclusively under Statute 40 (3) (c) in the Executive Council and not in the Vice Chancellor and, consequently, the impugned order is a complete nullity.

(3.) WE begin with section 19 (3) of the Act and Statute 40 (3) (c) of the Statutes of the University around which the submissions at the Bar were centered. The same are extracted here :