H N SINGH Vs. UNIVERSITY OF HYDERABAD

JUDGEMENT

(1.) Petitioner seeks issuance of a writ of Certiorari or any other appropriate writ, order or direction after calling for the records from the respondents relating to Memorandum No. UH/Estt- 1/88/111, dated 1-2-1988, and quash the same being violative of principles of natural justice.

(2.) The short question that falls for consideration in this writ petitioner is whether the respondents have violated the principles of natural justice while imposing punishment on the petitioner though the impugned proceeding as alleged by the petitioner.

(3.) Petitioner is a Professor in the Faculty of School of Life Sciences in the first respondent-University. Being a senior Professor, Students of M. Phil., and Ph. D., are assigned to the petitioner. It seems one student by name Miss Rita Ghosh, who was assigned to the petitioner had filed a complaint against the petitioner with the Dean of School of Life Sciences, University of Hyderabad on 9-12-1987 alleging that the petitioner had misbehaved with her. The incident which took place on 13-11-1987 prompted her to file the complaint. It seems on 13-11-1987 the petitioner tried to impose his desire on her inside the culture room where other research scholars were present in the laboratory. Basing on this complaint dated 9-12-1987, Prof. K. Subba Rao, Dean of Faculty of School of Life Sciences, addressed a letter to the second respondent Vice-Chancellor on 10-12-1987 enclosing a xerox copy of the complaint received by him from Miss Rita Ghosh. He requested the second respondent Vice-Chancellor to take appropriate actin against the petitioner. The second respondent Vice-Chancellor seems to have discussed this matter with Mr. K. Subba Rao, Dean of School of Life Sciences. Later he requested the three members of the Executive Council consisting of Professor G. Mehta, Dr. S. Marathe and Ms. J. Kameswari, to ascertain the view of the petitioner. Accordingly, the petitioner was called to the chamber of Prof. Mehta and the matter was discussed with him, Excepting an oral discussion, neither a copy of the complaint lodged by Miss Rita Ghosh nor the gist of the complaint were supplied to the petitioner in that discussion. The petitioner in the discussion with the three members stated that he had taken an amount of Rs. 2,000.00 from Miss Rita Ghosh as loan, in connection with the marriage ceremony of his daughter. The petitioner had also stated that he had also taken some amounts from other students also in connection with the marriage ceremony of his daughter. The petitioner felt that he should not have borrowed money from the students and assured the three members that he would immediately return the money to Miss Rita Ghosh. He had also volunteered to write a letter to the father of Miss Rita Ghosh conveying his regrets about the misgivings, if any, which have cropped up in the mind of Miss Rita Ghosh. The petitioner had also stated to the three members that he would meet the second respondent Vice Chancellor and discuss with him.