DR. BOOL CHAND Vs. THE CHANCELLOR, KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) THE Petitioner, Dr. Bool Chand, in this petition under Articles 226 and 227 of the Constitution, has undoubtedly had a brilliant academic career. He joined the Indian Administrative service and in the year 1961, he was serving in the Madhya Pradesh State. On October 7, 1961, the Madhya Pradesh State Government ordered an inquiry into four charges of misconduct against him. A copy of the charges is Annexure R. 1, and that of the statement of allegations connected therewith is Annexure R. 2. The Inquiry Officer in his report, copy Annexure R. 3, found two of the four charges not proved, but the other two proved. On the findings in the report the Union Public Service Commission was consulted. In the meantime the Petitioner offered to resign from the Indian Administrative Service. The Union Public Service Commission, after consideration of the report of the Inquiry Officer and the offer of resignation made by the Petitioner, in its communication, copy Annexure R4, said that 'the Commission consider that the penalty of compulsory retirement on proportionate pension should be imposed on Dr. Bool Chand. They advise accordingly'. That was on February 15, 1963. By a notification of February 28, 1963, Annexure C, the President of India was pleased to make this order in consequence of those proceedings - -

(2.) ON March 10, 1965, the Petitioner was appointed by the Panjab University as Professor and Head of the Department of Political Science and first occupant of the Lajpat Rai Chair created in the University. In his supplementary affidavit, dated July 27, 1966, paragraph 2(ii), the Petitioner has affirmed that 'the Chief Minister, Shri Ram Kishan, called the deponent on 16 June, 1965, to his office in the Punjab Civil Secretariat and asked him whether he would be willing to accept the post of Vice -Chancellor of Kurukshetra University. Two days later the deponent received the order of appointment....By a notification, Annexure D, of June 18, 1965, the Chancellor of Kurukshetra University, the Governor, appointed the Petitioner Vice -Chancellor of Kurukshetra University. The notification reads - -

(3.) IT appears that the matter was raised in Parliament as to how and in what circumstances the Petitioner came to be appointed Vice -Chancellor of the Kurukshetra University in spite of his having been compulsorily retired from the Indian Administrative Service. In the meantime there was change in the office of the Chancellor and the new Chancellor then started looking into the matter. On December 2, 1965, a letter, copy Annexure R. 17, was addressed in that connection to Prof. D.C. Sharma, Member Parliament, and the latter sent his reply, Annexure R. 16, dated December 9, 1965, which may be reproduced as such - -.