KARPAL SINGH Vs. VICE-CHANCELLOR, JAMMU UNIVERSITY

JUDGEMENT

(1.) Two questions which are involved in this case need to be determined. These are whether in the circumstances of this case, it can be said that petitioner had wilfully or otherwise shown his disinclination to continue/remain in service, if this question is answered in negative, whether his services could be dispensed without holding enquiry, as has been done by the University by presuming that he expressed his disinclination to resume the duty.

(2.) Sh. Singh, learned counsel for the University has produced to original file of this case which has been examined as was ordered on 20.1.2001.

(3.) In the aforesaid background petitioner proceeded on leave on 9.2.94 and remained at Bias Ashram till April 1997. According to him he approached the University Authorities for extension of leave. Though he claims to be under bonafide belief that his leave has been sanctioned which position is denied by the University Authorities.