SATYA PRAKASH Vs. JIWAJI UNIVERSITY

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution, the petitioner, Vice Chancellor of Jiwaji University, Gwalior, has challenged the order dated 15.10.2005, whereby by invoking Section 13(1) of M.P. Vishwavidyalaya Adhiniyam, 1973 (for short "the Adhiniyam"). The Chancellor has directed him to relinquish the post of Vice Chancellor with immediate effect. Brief facts necessary for adjudication are as under:-

(2.) The said reply was followed by a supplementary reply to the said show cause notice. This supplementary reply is dated 26th September, 2005 (Annexure P-9). The petitioner prayed that in the show cause notice, there are reference of certain complaints on the strength of which show cause notice was issued. The petitioner prayed that the copies of complaints be provided to him with a view to provide him a reasonable opportunity to show cause. It is prayed that the complaints be provided to the petitioner immediately and, thereafter, he be given a reasonable opportunity to show cause and till such time, the aforesaid documents are provided, the reply be treated as a tentative reply. It is further stated that an investigation must have been done on the complaints preferred against him. The said investigation report be also provided to him at the earliest and, thereafter, a reasonable time be provided to him to put forth his defence. Yet another request dated 04.10.2005 (Annexure P-10) was made to the Chancellor requesting him to provide the copy of complaint referred in the opening paragraph of the show cause notice. It is again prayed that the investigation report be also provided to him so that he can file an effective reply to the show cause. It prayed that in absence of these documents, the reasonable opportunity is denied to him. In para 5 of this reply, the petitioner again stated as under:-

(3.) This is not in dispute between the parties that the provisions of the Adhiniyam will govern the field. Shri K.N. Gupta, learned senior counsel has advanced two fold submissions:-