MOHD SHAFI SUMBALI Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) THIS petition can be disposed of on a very short point and the detailed facts in the petition or the counter filed by the respondents, or for that matter in the rejoinder of the petitioner need not detain us. It shall, however, be necessary to give a brief resume of the facts. The petitioner was working us a Lecturer in the Department of Kashmiri in the University of Kashmir. On 8th July 1988 on the allegation that he had misbehaved with a student Miss Baby Zytoon of his class and had indulged in moral turpitude, by order of the Vice -Chancellor was placed under suspension. The petitioners suspensions was followed by the serving upon him a charge -sheet dated 30th July 1988 in which it was alleged interlay that Miss Baby Zytoon, a student of M. A. Kashmiri had leveled allegations against the petitioner involving acts of moral turpitude as also the gross misconduct. The petitioner was called upon to give explanation to the charges.

(2.) WHAT followed later was the usual reply submitted by the petitioner and the holding of an enquiry into the charges against him by the Enquiry Committee constituted by the University. At the culmination of the enquiry proceedings, the impugned order dated 23rd Jan. 1989 came to by passed whereby the services of the petitioner as Lecturer were terminated with immediate effect. It is this order, which is under challenge in this petition filed under Article 226 of the Constitution.

(3.) THE point on which this petition can be disposed of relates to an illegality, which crept in the proceedings conducted by the Enquiry Committee, which was enquiring into the charges against the petitioner. The impugned order dated 23rd Jan. 1989 terminating the services of the petitioner was passed on the basis of the report submitted by the Enquiry Committee, the report of the Inquiry Committee was placed before the University Council which considered the same and after agreeing with it resolved to terminate the services of the petitioner. If therefore, the petitioner was thrown out of the service on the basis of she report of the Enquiry Committee, and if there was an illegality in the enquiry proceedings, everything gets vitiated and consequently the termination order would naturally be the causality.