M.L. UPADHYAYA Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated August 24, 1990, passed in -Civil Order No. 12874 (W) of 1987.

(2.) The Petitioner Appellant's case is that he was appointed by the Syndicate of the University of Calcutta in November 1975 and joined this University on January 14, 1976. He held the post of Principal, University College of Law, and was also connected with important activities in imparting legal education both at the University and national level.

(3.) Consequent upon the supersession of the Calcutta University Syndicate in 1978, he became a member of the Calcutta University Council and continued as such Principal till 1973 when the Syndicate was constituted under the Calcutta University Act, 1979. He became one of the ex -officio member of the Syndicate in the capacity of Dean of Faculty of Law. The Petitioner had taken leave to attend Jadavpur University with effect from February 3, 1986. He held the lien in respect of his substantive appointment on the post. The Petitioner has stated in his writ application to make out a case that the authorities of University was prejudiced against him and was eager to take steps. Respondents Nos. 5 and 6 who are members of the Syndicate made certain allegations against the Appellant. Syndicate in its resolution dated November 13, 1984, at Item No. 31 of the agenda dated August 28, 1984, asked Respondents 5 and 6 to make specific complaints against the Faculty Council for Post -Graduate Studies in law. Such allegations were made and those were referred to the Pro -Vice -Chancellor, academic. The Petitioner has submitted his report to the Syndicate and on Item No. 7 of the meeting of the Syndicate dated November 5, 1985, a resolution was adopted. At that time, the Petitioner was out of Calcutta. The decision of the Syndicate was not communicated to the Petitioner. An enquiry committee was constituted consisting of Principal Amiya Bhusan Banerjee, Dr. Bhaskar Roy Chowdhury and Professor Jyoti Bhusan Banerjee. It was also resolved that Petitioner be requested to go on leave during the period of enquiry. After obtaining law officer's opinion matter was again brought before the Syndicate being Item No. 4 of the Syndicate Agenda dated January 14, 1986. The Syndicate on February 18, 1986, resolved to suspend the Petitioner from the service with immediate effect. It was communicated to the Petitioner by the Registrar by his letter dated February 24, 1986, challenging this resolution, the Appellant moved a writ application being Civil Order No. 1499 (W) of 1986. Thereafter, in connection with the same, he filed another writ application being Company No. 14978 (W) of 1986. Both the writ applications were disposed of by order dated January 30, 1987. N.C. Mukherjee J., a retired Judge of this Court, was appointed as special enquiry, officer and was directed to enquire into the impugned charges. The University of Calcutta was granted liberty to issue a fresh charge -sheet to writ Petitioner within a period of 10 days from the date of communication of the order. Directions with regard to inspection of documents were also given. The special enquiry officer was given opportunity to go into the matter in its entirety.