BALWINDER SINGH DHALL Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) Dr. Balwinder Singh Dhall, a Research Associate in Scholar Centre for the Study of Geopolitics, Panjab University, Chandigarh, through present petition filed by him under Article 226 of the Constitution of India seeks issuance of writ in the nature of certiorari so as to quash order dated September 18, 1997, Annexure P-3, vide which his services have been terminated. He further seeks a direction to be issued to the respondents to allow him to continue as Research Associate in the Centre for the Study of Geopolitics to complete his projects.

(2.) The facts, on which the relief is sought to rest, reveal that petitioner is a member of the Society for the Study of Geopolitics registered under the Societies Act, 1960. The Centre for the Study of Geopolitics Department of Political Sciences, Panjab University, Chandigarh, was opened under the Co- ordination of Prof. M.M. Puri, Secretary General, by the University Grants Commission (hereinafter referred to as UGC) under the Departmental Research Sport Scheme. Petitioner was selected as Research Associate on February 15, 1990. It is his case that his salary was stopped w.e.f. March 31, 1985 because the Director of the Centre did not submit the accounts to the UGC and he along with other Research Scholars, filed representations which were not taken notice of by the concerned authorities. Petitioner then served a legal notice and requested the Director to submit the accounts of the Centre before the UGC so that the latter could release funds to the Centre and the salary of the petitioner be released. It is also the case of petitioner that when his representations brought no tangible result, he filed Civil Writ Petition No. 18353 of 1996. In that matter, the then Director, Prof. M.M. Puri was summoned in person in the Court and he was directed to submit the accounts within fifteen days as also to explain the delay in submitting the accounts before this Court. The University filed reply in the said writ and took up the stand that petitioner was not an employee of the Punjab University in any sense or for any purpose but was employed on fixed salary in Research Project sponsored and funded by the UGC. The writ aforesaid was decided by this Court and the respondents therein were directed to pay salary and arrears to the petitioner within one month. Later, the Director of Centre was appointed as Vice Chancellor of the University in July, 1997. It is further the case of petitioner that with a view to take revenge of the filing of writ petition, referred to above, the Vice Chancellor did not pay the arrears of his salary. A cheque of Rs. 60,87.10. was handed over to the petitioner on September 18, 1997 along with a termination order signed by the Officer Incharge. The termination order, Annexure P-3 is said not to have been signed by a competent authority and it is further the case of petitioner that order, Annexure P-3 is result of vindictiveness of the Vice Chancellor.

(3.) Mr. Toor, learned counsel for the petitioner vehemently contends that order, Annexure P-3 has not been passed by the appointing authority of the petitioner and on that count alone the same deserves to be set aside. He further contends that the impugned order has been actuated on account of mala-fide of the Vice Chancellor who took revenge from the petitioner for his having filed writ petition, referred to above, wherein the Vice Chancellor, M.M. Puri was called in person and directed to submit the accounts.