L N BIRLA Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) The appellants at the material time were the office bearers/members of the Governing Body of the Birla Collage of Science and Education (hereinafter called the College), which was affiliated to the Calcutta University.

(2.) On March, 17, 1977, the Principal of the said College had made a written complaint against the respondents 5 and 6 regarding an alleged incident dated March 15, 1977. According to the appellants the Governing Body of the College by a resolution dated May 24, 1977 had resolved to initiate an enquiry against the respondents 5 and 6 on the basis of the said complaint of the Principal of the College. It is further alleged that the Honorary Secretary of the Governing Body in pursuance of the alleged direction of the Governing Body had issued show-cause notice upon the respondents 5 and 6. A Board of Enquiry was also purported to be appointed to enquire and submit a report in respect of the allegation and the charges framed against the respondents 5 and 6. It is not necessary for our present purpose to refer to the correspondence between the appellants and the respondents in respect of the said purported enquiry. According to the appellants, on September 28, 1977, the Board of Enquiry submitted a report against the respondents 5 and 6. On September 30, 1977, the findings of the Board of Enquiry were placed before a meeting of the Governing Body of the College. The Governing Body accepted the said findings and resolved that the penalty of dismissal from service be imposed upon the respondents 5 and 6 on the ground of their being engaged in activities prejudicial to the academic interests of the College. On September 30, 1977, the Secretary of the Governing Body of the College had communicated the said dismissal orders to the respondents 5 and 6. The respondents 5 and 6, against the said dismissal orders, had purported to prefer appeals to the University of Calcutta under S. 12 of the West Bengal College Teachers' (Security of Service) Act, 1975 (hereinafter called the Act).

(3.) According to the respondents, the Syndicate of the Calcutta University had delegated to the Vice Chancellor of the University authority to hear the said appeals preferred by the respondents 5 and 6 against their dismissal from service. On September 30, 1977, on the representation of the General Secretary of the West Bengal College and University Teachers Association, the Vice Chancellor of the Calcutta University had stayed the orders of dismissal of the respondents 5 and 6 till the University had looked into the matter. On October 3, 1977, the inspector of Colleges, University of Calcutta conveyed the said order to the Honorary Secretary of the Governing Body of the College. The present appellants being aggrieved by the said order of stay granted by the Vice Chancellor, Calcutta University moved this Court under Article 226 of the Constitution of India obtained Civil Rule No.6422(W) of 1977. The respondents contested the said Rule.