PANJAB UNIVERSITY CHANDIGARH Vs. SATINDER PARKASH SRIVASTAVA

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeals Nos. 1305 of 1996 and 1872 of 1997, filed by the Panjab University, Chandigarh (hereinafter referred to as the University). In both these appeals, common questions of law and facts are involved.

(2.) REGULAR Second Appeal No. 1305 of 1996 has arisen from civil suit filed by respondent-Satinder Parkash Srivastava against the University through its Registrar challenging the order of termination of his service dated 7.2.1966 and seeking some other reliefs regarding the disbursement of his pay etc., which was decreed by Sub-Judge Ist Class, Chandigarh, vide judgment and decree dated 7.2.1989. Regular Second Appeal No. 1872 of 1997 has arisen from civil suit filed by respondent-B.K. Dev against the University through its Registrar challenging the orders dated 19.11.1984 and 30.9.1985, whereby he had been denied the protection of his pay after being restored to his original cadre of Clerk and the promotion from the date when his junior was promoted. This suit was also decreed by Senior Sub-Judge, Chandigarh, vide his judgment and decree dated 9.9.1991.

(3.) DURING the pendency of the appeals, both the respondents moved separate applications for dismissal of the appeals on the ground that the appeals preferred by the University through its Registrar without a resolution passed by the Senate authorising the Registrar to file those appeals were not maintainable as the Registrar of the University was not competent to file the appeal without any specific resolution having been passed by the Senate. The first appellate Court, following a Division Bench judgment of this Court in Panjab University v. Tilak Raj Dogra, 1991(1) P.L.R. 531, allowed the applications filed by the respondents and dismissed both the appeals preferred by the University while holding that the Registrar, no doubt, represents the University in all legal proceedings, but it does not mean that he enjoys the authority to institute any suit, appeal or any other legal proceedings at his own. The decision to initiate any legal proceeding has to be taken by the authority competent to do so and thereafter in such proceedings for or against the University, the Registrar would represent the University. It was held that Section 21 of the Panjab University Act, 1947 (hereinafter referred to as the Act) authorises the Registrar to represent the University in Court, in cases in which the University through lawfully passed resolution of the Senate decided to sue or to file an appeal. Since in both the cases, the appeals were filed by the University through its Registrar without there being any resolution pased by the Senate to prefer an appeal, therefore, the appeals filed by the Registrar were held to be incompetent and were accordingly dismissed by the first appellate Court vide two separate judgments and decrees. Against those judgments and decrees, the instant two Regular Second Appeals have been filed.