DIBYA HASH GOSWAMI Vs. DIBRUGARH UNIVERSITY

JUDGEMENT

(1.) This matter arises out of an ego problem of the petitioner and the acting Vice-Chancellor of the Dibrugarh University at the relevant time. The fall out of it was a disciplinary enquiry against the petitioner and there was a resolution by the Executive Council and the punishment of compulsory retirement was imposed on the petitioner. That resolution is quoted below :

(2.) The petitioner is highly qualified and he was appointed as Registrar, Dibrugarh University and it is admitted by all that he is a competent Officer. On 11.12.90 a charge sheet was issued against the petitioner drawing up as many as 10 charges against him. Though in the enquiry only 3 (three) charges (Charge Nos. 1, 2 and 10) were found to be established yet for the proper appreciation of the matter, the whole of the charge sheet is quoted below. I am doing this as a common thread runs through all the charges and the thrust of the charges is that the petitioner was charged with gross insubordination, indiscipline & misconduct. The charges are quoted below : "You are hereby required to show cause under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 as to why any of the penalties prescribed under Rule 7 of the aforesaid Discipline and Appeal Rules should not be inflicted upon you on the following charges brought against you based on statement of allegations attached herewith. Charge No. 1 : That on 10.8.90 you suo - moto assumed the office of the Vice-Chancellor of the Dibrugarh University without being appointed so by the Chancellor of the Dibrugarh University and continued to act as the self styled Vice-Chancellor of the Dibrugarh University till 11.8.90. You passed orders contained in order No. DU/RG/90/ 2917 dated 10.8.90 and order No. DU/RG/ 90 dated 10th August, 1990 as the Registrar and Vice-Chancellor in-charge and signed the aforesaid orders, as the Registrar and the Vice-Chancellor-in-Charge of the Dibrugarh University and circulated the same forwarding copy of the order No. DU/RG/90/2917 dated 10.8.90 to (1) Sri B.C. Saikia, Controller of Examinations, Dibrugarh University. (2) The Section Officer (Establishment) and the Order No. DU/RG/90 to (1) Sri B.C. Saikia, Controller of Examinations, Dubrugarh University (2) The Deputy Registrar (F & A) Dibrugarh University (3) The Deputy Registrar (Academic), Dibrugarh University (4) The Section Officer (Establishment Branch) Dibrugarh University. This transgression of yours is most reprehensible and for the Commission of this illegality you are charged of gross misconduct and indiscipline. Charge No. 2 : That vide Order No. DU/RG/90/2917 dated 10th August, 1990 you sanctioned your own leave without authority for unspecified period without any application for leave as the Registrar and Vice-Chancellor-in-Charge and, also challenged the authority of the Chancellor of the Dibrugarh University and defied his order appointing Dr. Kamal Chandra Baruah as the Vice- Chancellor-in-Charge, Vide Order No. DU/RG/90 dated 10.8.90 you passed and circulated all illegal order directing Sri B.C. Saikia, Controller of Examinations, Dubrugarh University to act as Registrar in-Charge of the Dibrugarh University and order which you are not authorised to pass in the capacity of the Registrar and also as the Vice-Chancellor in-Charge since you were not appointed Vice-Chancellor-in-Charge by the Chancellor, Dubrugarh University. You also caused this illegal order executed. For this act of illegality and high handedness beyond conception you are charged of gross insubordination, indiscipline and misconduct. Charge No. 3 : That vide letter No. DU/RG/90/3127 dated 10th October, 1990 signed by you as Registrar of Dibrugarh University you not only addressed the Vice-Chancellor-in-Charge as Dr. K.C. Baruah, Prcfessor, Department of Physics, Dibrugarh University knowing fully well that the Chancellor vide his Order No. GSA 2/ 87 dated 9.8.90 has appointed Dr. K.C. Baruah to act as the Vice- Chancellor, but challenged and defied the authority of Vice- Chancellor-in-Charge and outright rejected his order contained in office Order No. DU/VC/1/90 280 dated 10.10.90 terming the order as illegal and uncalled for and returned the same. By this illegal act of yours you defied the lawful order passed by the Honourable Chancellor : If an Officer holding as high position as that of the [Registrar of the Dibrugarh University, a position of prestige, trust and responsibility who is expected to enforce law, order, discipline and-good conduct amongst the staff and officers of Administration commits acts of misconduct, insubordination and indiscipline of such dimension the administrative atmosphere is sure to be vitiated casting reflections on the decency, decorum and efficiency in the administrative set up. Therefore, you are charged for committing acts of gross misconduct, insubordination and indiscipline on this count. Charge No. 4 : That you issued a letter bearing No. DU/RG/90/ 3127 dated 10.10.90 in violation of official practice and procedure to the effect that Dr. K.C. Baruah had been continuing as the Vice- Chancellor- in-Charge without prior approval. This letter was widely circulated which betrays malice and a motive of dwarfing the Vice-Chancellor-in-Charge in the estimation of Officers, students and staff off Dibrugarh University. This is an act of gross misconduct, indiscipline and insubordination. Charge No. 5 : That by verbal order you obstructed official correspondence between the office of the Vice-Chancellor and Office of the Registrar, Dubrugarh University on 10.10,90 and 11.10.90. Ai your behest all the official letters and files despatched from the office of the Vice-Chancellor on 10.10.90 and 11.10.90 including office order of Vice-Chancellor No. DU/VC/1/90 281- 309 dated 10.10.90 were refused in the office of the Registrar and all correspondences and files due to be despatched from the office of the Vice-Chancellor during these period were stopped. This illegal and undue obstruction in the day to day official buiness of the University hampered administration causing deadlock and bringing the administration aJmost to standstill for two days with consequential set-backs. This act of yours tantamount to gross misconduct and indiscipline and you are therefore charged of committing misconduct and indiscipline on this count. Charge No. 6 : That in utter violation of the administrative procedure you conducted your official business during period of so called earned leave when you were not in the office, on 22.9.90 you passed an order on an application made by Sri H.C. Biswas ; on 24.9.90 you passed an order on an application made by Sri H.N. Kakoty of Sibsagar dated 22.9.90 on 24.9.90; you passed order on application filed by Sri S.S. Shrma of Sibsagar and on the same day i.e. on 24.9.90 you passed yet another specific order on an application dated 14.9.90 made by one Colonel Jagjit Singh. This is an act of misconduct. You are, therefore, charged with committing the act of misconduct in this respect. Charge No. 7 : That you have circulated official Notice No. DU/ RG/90/3094-124 dated 6.10.90 and a copy of the same was forwarded to Sri K. Bora as Vice-Chancellor, knowing fully well that Sri K. Baruah was then the Vice-Chancellor-in-Charge and Sri K. Bora had extended earned leave. This act of yours, tantamounts to misconduct, indiscipline and insubordination. You, are therefore, charged of misconduct, indiscipline and insubordination. Charge No. 8 : That you intentionally refused to attend the P.G.S.U. meeting held on 10.10.90 inspite of information given to you vide Memo No. DU/SWS/PGSU/336-42 dated 10.10.90 where urgent 38 points demand of the P.G.S.U. were to be discussed. Knowing fully well that your presence was absolutely necessary. Your absence in the meeting caused difficulties and offended the student representatives of P.G.S.U. and created a situation which would have led to serious law and order problem but for the intervention of the Vice-Chancellor-in-Charge. This was an act of wilful defiance, indiscipline and insubordination. Therefore, you are charged of committing acts of indiscipline, insubordination. Charge No. 9 : That during 9.10.90 to 11.10.90 you ignored the Vice-Chancellor's (In-Charge) order for the release of D.A. to the employees of the Dibrugarh University, thereby causing discontentment among the employees of the University and tried to create chaos in University. Your action was directed towards creating unrest in the University which was an act of indiscipline and misconduct. Therefore, you are charged for committing act of indiscipline and misconduct. Charge No. 10 : That you defied Vice-Chancellor -in-Charge and acting against the official procedure and by passing the Vice- Chancellor in-Charge you sent your earned leave application dated 10.10.90 directly to the Chancellor of Dibrugarh University for sanction. You deliberately resorted to this act knowing fully well that the Chancellor has nothing to do with leave application of the officers. Under the leave rules it is the Vice-Chancellor who is to grant leave to its officers and employees. This act of yours is an act of indiscipline, misconduct and insubordination. Therefore, you are charged of committing acts of insubordination. Therefore, you are charged of. As the Registrar of the Dibrugarh University you are supposed to enforce discipline amongst the officers and administrative staff. By your acts and deeds you have proved yourself most indisciplined and insubordinate. You are, therefore, charged with committing acts of gross misconduct, indiscipline and insubordination as specified above. You should submit your written statement within 15 (fifteen) days from the receipt of this communication to be placed in the Executive Council. In case you intend to inspect the documents which have relevance with the issues mentioned above you can do so in presence of a responsible Officer of the University to be nominated by the Vice-Chancellor."

(3.) It will be levident from the charges quoted above that a common thread runs through all the charges though the factual matrix of the charges are different. In Charge No. 1 which was held to be established, the factual basis is that on 10.8.90, the petitioner suo-moto assumed the Office of the Vice-Chancellor of the Dibrugarh University and continued and acted as the self-styled Vice-Chancellor of the Dibrugarh University till 11.8.90 and passed certain orders as Registrar and Vice-Chancellor-in-Charge. In-Charge No. 2, it is stated that the petitioner sanctioned his own leave and challenged the validity of the order of Chancellor of the Dibrugarh University and defied his order appointing Dr. Kamal Chandra Baruah as the Vice-Chancellor in- Charge. It is also stated that he directed one Shri B.C. Saikia, Controller of Examination Dibrugarh University to act as the Registrar-in-Charge of the Dibrugarh University. Charge No. 10 is that the petitioner defied the Vice- Chancellor-in-Charge and by passing the Vice-Chancellor-in-Charge sent his application for Earned [Leave dirctly to the Chancellor by passing the Vice- Chancellor. Alongwith the charge sheet, the statement of allegations were sent to the petitioner asking him to file written statement within 15 days from the date of receipt of the said communication.