V.K.CHAUDHARY Vs. CHANCELLOR RAJENDRA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the University and learned counsel for the Hon ble Chancellor.

(2.) PETITIONER at the relevant time was holding the post of Associate Professor in the Rajendra Agricultural University. On account of complaint for certain charges of alleged corruption and misuse of official power, he was subjected to a departmental proceeding in which an enquiry report was finally submitted by the Enquiry Committee of three members. The final disciplinary authority was the Vice Chancellor and in that capacity, when the petitioner was asked to submit his comments to the enquiry, by Annexure -12 dated 22.5.2004 petitioner requested the Vice Chancellor not to associate himself with the disciplinary proceeding on the ground that petitioner had levelled certain allegations against the Vice Chancellor in some proceeding before Justice Uday Sinha Committee. On 25.5.2004 the Vice Chancellor rejected petitioner 'srequest and against that petitioner moved the Hon ble Chancellor for suitable orders. It appears by order dated 8.7.2004 contained in Annexure -15 the Hon ble Chancellor asked the petitioner to submit his show - cause/ comments within 15 days. Thus, time was admittedly available till 23rd of July, 2004. The Vice Chancellor was directed by the Chancellor to pass a speaking order dealing with the reply that may be filed by the petitioner. By Annexare -16 on 23.7 2004, petitioner submitted his show -cause before the Vice Chancellor but on the next date he was served with the impugned order contained in Annexure -17 which was passed on 24.7.2004 at 8:00 P.M. without considering petitioner 'sshow -cause.

(3.) IN the facts of the case, prayer for amendment is allowed and petitioner is permitted to challenge the impugned order contained in Annexure -17 dated 22.7.2004.