ARVIND KUMAR GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dtd. 17/6/2020, passed by the respondent No.5, Chairman Governing Body, Gyanmandir, College, Near Dussera Maidan, whereby the petitioner has been suspended on the ground of dereliction of duties. The aforesaid order was challenged by the petitioner by filing a writ petition, W.P. No.12252/2020, which was decided on 12/10/2020, and the petitioner was relegated to file an appeal before the respondent No.2. Subsequently, the appeal was also preferred by the petitioner which has also been rejected on 30/1/2021 which order is also under challenge in this petition.

(3.) In brief, the facts of the case are that the petitioner was initially appointed as Lecturer (Assistant Professor) of subject Law in the Rishi Galav College, Morena, which is a 100% Government aided private college. As the law faculty of Rishi Galav College, Morena was withdrawn by the Bar Council of India, the petitioner was rendered surplus in the aforesaid college and thus, according to the provisions of Rule 4(a) and 5(1) of M.P. Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon ki Bharti) Niyam, 1979 (in short the Rules of 1979") he was directed to be appointed in Gyanmandir College, Neemuch against the sanctioned vacant post of Assistant Professor in Law and the petitioner was absorbed in the services of Gyanmandir College, Neemuch vide order dtd. 17/12/1999. The aforesaid college is also a 100% government-aided institution and is affiliated to Vikram University, Ujjain and recognized by Bar Council of India, New Delhi. The petitioner has also obtained the Doctor of Philosophy (Ph.D.) Degree in the Faculty of Law from Vikram University, Ujjain in the year 2009. According to the petitioner, he was discharging his duties most diligently, however, despite petitioner being the senior, the charge of Principal Gyanmandir College, Neemuch was intended to be handed over to respondent No.6, a contractual faculty appointed by Gyanmandir College, Neemuch and just to smear the petitioner's reputation, a false complaint was filed against the petitioner, which was addressed to the respondent No.2 the Commissioner, Department of Higher Education, Bhopal, who also got an enquiry conducted into aforesaid complaint by Regional Additional Director of Higher Education, Ujjain Division, Ujjain, and the aforesaid complaint was closed on 18/6/2020. The respondent No.2 also directed the respondent No.4, the Education Officer and Principal, Government Swami Vivekananda, Post Graduate College, Neemuch to ensure handing over of the charge of the post of Principal to the petitioner, which was subsequently given to the petitioner on 24/6/2020, but no sooner the aforesaid order was passed, the respondent No.5 passed the impugned order dtd. 17/6/2020, and the petitioner was suspended from the post of Assistant Professor in Law, Gyanmandir College, Neemuch, which according to the petitioner was without jurisdiction.