MANAGING COMMITTEE OF NATIONAL COLLEGE Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) This is a petition filed by the Managing Committee of National College, Sothiala, tehsil and district Amritsar through Brigadier G.S. Bal, the General Secretary against the Panjab University, Chandigarh, through the Registrar, seeking inter alia issuance of a writ or an appropriate order declaring that the decision of the University withdrawing concurrence to the suspension or dismissal of Shri Kartar Singh, Principal of the petitioner College, as ultra vires the Panjab University Act and the Regulations framed thereunder, and without jurisdiction and quashing, the same, and further, issuance of a writ of Prohibition restraining the, University and its officials from illegally coercing the petitioner to take back a legally dismissed employee.

(2.) The petitioner appointed Shri Kartar Singh as the Principal of the College but later found him "grossly negligent, inefficient, undisciplined, insubordinate, vindictive towards his staff members and some students, given to showing undue favours to his favorites and otherwise misconducting himself in the discharge of his duties including absence from duty without leave". It was, therefore, unanimously decided to immediately suspend him and charge-sheet him and to hold an enquiry into the various charges against him under Regulations 11 to 14 in Chapter III(A)(1) of the Panjab University Calendar, 1966, Volume I. In pursuance of this unanimous Resolution, Shri Kartar Singh was suspended on 20th March, 1966, and a charge-sheet was issued to him on 2nd April, 1966, - vide Annexure "A" and a supplementary charge-sheet was issued to him on 27th April, 1966 (Annexure 'B'). Shri Kartar Singh submitted his written explanations, - vide Annexure 'A-1' and 'B-1'. The petitioner Committee not being satisfied with the explanations, appointed a SubCommittee of three members to go into the facts and into the charges. In reply, Shri Kartar Singh sent two letters dated 10th May, 1966 (Annexure 'G') and dated 13th May, 1966 (Annexure 'H'), but did not appear personally. He was given one more opportunity by the Enquiry Committee requiring him to appear before the Sub-Committee, otherwise he would be proceeded ex parte, but Shri Kartar Singh did not come and addressed a letter to the Committee, copy of which is Annexure 'K'. It is then said that the Enquiry Sub-Committee recorded the statements of forty witnesses and unanimously found him guilty of all charges except one, and recommended his dismissal from service, - vide Annexure 'L'. The petitioner Committee unanimously accepted the findings of the Sub-Committee and issued notice to Shri Kartar Singh to show cause why the proposed action to dismiss him be not taken. He was given two days' time for this but he never submitted any explanation. Consequently, Shri Kartar Singh stood from service with effect from 16th June, 1966.

(3.) On 1st January, 1966, the Registrar of the University sent a letter to the President of the petitioner Committee drawing the attention of the latter to the following decision of the Syndicate :-