BRIJENDER SINGH DHILLON Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking writ of certiorari for quashing the order dated 12.6.2018 (Annexure P-19) passed by the Vice Chancellor of Pt. B.D Sharma University of Health Sciences, Rohtak, whereby the services of the petitioner has been placed under suspension by invoking the emergency powers of the Vice Chancellor under Section 14(9) of the Pt. B.D Sharma University of Health Sciences Act, 2008 pending enquiry and criminal case lodged against the petitioner vide FIR No. 314 of 2018 at Police Station Sampla in anticipation of approval of the Executive Council.

(2.) Petitioner-Dr. Brijender Singh Dhillon was working as Senior Professor and Head, Department of Hospital Administration, PGIMS, Rohtak in Pt. BDS University of Health Sciences, Rohtak, Haryana. In the year 2010 an enquiry committee was constituted comprising three senior professors vide office order dated 29.1.2010. The enquiry Committee after recording the statement of the petitioner and other officials working in the births and deaths Section submitted its enquiry report on 07.5.2010 and reported that some of the blank birth and death certificates issued on 19.1.2010 had been signed by the petitioner and other officials concerned who had acknowledged their signatures. The then Vice Chancellor after going through all the relevant records including the apology tendered by the petitioner in writing ordered to issue him the punishment of 'Strict Warning' vide order dated 18.6.2012 (Annexure P-1) and filed the matter. On 7.1.2016 an anonymous complaint (Annexure P-2) was made against the petitioner regarding the same allegations. The Additional Chief Vigilance Officer had written to the Director vide letter dated 21.1.2016 (Annexure P- 3) regarding the complaint made with regard to the death and birth certificates. The said complaint was also referred to the Police Station, PGIMS, Rohtak. The enquiry officer of the police conducted the enquiry and reported vide Annexure P-4 that no policy enquiry is warranted and the matter be filed. Petitioner made a representation on 8.3.2016 (Annexure P- 6) not to take action on the anonymous complaint. An anonymous complaint was also made to the CM Office and after enquiring the same, the Supdt. Of Police Rohtak reported vide letter dated 11.2.2017 (Annexure P-7) to the Director General of Police that the complainant had not given his correct address, therefore, he could not be contacted for the purpose of inquiry. Vide letter dated 15.7.2016 (Annexure P-8), the petitioner was directed by the Additional Chief Vigilance Officer to be present on 16.7.2016 at 11:00 A.M in his office for the purpose of inquiry. The petitioner made a representation dated 15.7.2016 (Annexure P-9) to the Director, PGIMS, Rohtak stating therein that Dr. R.B Singh, the then Additional Chief Vigilance Officer was strongly biased against him and he did not want to appear before him. Thereafter, Sh. R.P Bhasin Distt. & Sessions Judge was appointed as enquiry officer to look into complaints made regarding irregularities and illegalities by Dr. C.S Dhull and then Director PGIMS, Rohtak and Dr. S.S Sangwan, the then Vice Chancellor. He issued a letter dated 19.4.2017 (Annexure P-10) to the Vice Chancellor to ensure the presence of the petitioner during the conduct of the proceedings. The petitioner gave his representation dated 1.5.2017 (Annexure P-11) to Mr. R.P Bhasin. Vide letter dated 18/20.9.2017 (Annexure P-12), Additional Chief Secretary to the Government of Haryana Medical Education and Research Department, Chandigarh had issued directions to the Director, PGIMS, Rohtak for placing the petitioner under suspension. In compliance of this letter, Vice Chancellor vide order dated 27.9.2017 (Annexure P-13) placed the petitioner under suspension. The petitioner made representation dated 2.10.2017 (Annexure P-14) against the said suspension order. The petitioner also challenged the said suspension order by way of filing CWP No. 25979 of 2017, which was allowed by this Court vide order dated 4.12.2017 (Annexure P-15). Thereafter two charge sheets were issued to the petitioner one dated 17.11.2017 (Annexure P-16) and another dated 22.11.2017 (Annexure P-17). The petitioner gave his replies to both the charge sheets. On 5.6.2018, one ex-employee of the University committed suicide and FIR was registered in which the petitioner was also named. At this stage, the vice Chancellor vide order dated 12.6.2018 (Annexure P-19) while exercising powers under Section 14(9) of Pt. B.D Sharma University of Health Sciences Act, 2008 placed the petitioner under suspension with immediate effect pending enquiry and criminal case lodged against him vide FIR No. 314 of 2018 at Police Station, Sampla in anticipation of approval of the Executive Council. It is this order which is subject matter of challenge in the present writ petition.

(3.) Counsel for the petitioner has argued that the petitioner has been suspended as FIR No. 314 of 2018 has been registered against him with the allegations of abetment of suicide attributed to the petitioner. On 10.7.2018 when the matter was taken up for hearing, the Counsel for the University had put in appearance and stated that after passing of the impugned order, the Executive Council has not taken any steps to refer the matter to the Vice Chancellor. Another query was put to the counsel as to whether any complaint was made before FIR was registered by the complainant-Mamta to the University that the petitioner was harassing her husband who was earlier working with the University as a Sweeper. Counsel for the University sought an adjournment to file a reply in this regard.