SUDHIR KUMAR Vs. MOHAN LAL SUKHADIA UNIVERSITY

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that the order Annexure -1 dated 23 -1 -1982 may be quashed and the respondents may be directed not to proceed according to order Annexure -1 by way of making any recovery from salary or provident fund of the petitioner of the amount paid in excess of subsistence allowance to the petitioner.

(2.) THE petitioner was initially appointed as Lecturer in the Rajasthan College of Agriculture, Udaipur, in the year 1958 and on the establishment of the respondent University in the year 1962 his services were placed at the disposal of the respondent University. The petitioner was temporarily appointed as Associate Professor on 6th July, 1966. Thereafter he was appointed to the post of Geneticist on substantive basis vide order dated 6th July, 1966. The petitioner further submits that because of his active participation in the Teachers Association he came in conflict with the authorities and at the time of Dr. P.S. Lamba as Vice Chancellor a disciplinary enquiry was initiated against the petitioner. Apprehending that the petitioner is likely to be put under suspension he proceeded to file writ petition which came to be registered as S.B. Civil Writ Petition No. 2315 of 1974. This writ petition was admitted on 1st October, 1974 and the following order was passed on the stay application:

(3.) THE Hoard of Control of the respondent University vide its Resolution No. 25 dated 2nd August, 1980 resolved to drop the enquiry pending against the petitioner and sent a copy to the Chancellor vide letter dated 4th August, 1980. This Resolution of the Board of Control of the respondent University was subsequently confirmed in the next meeting of the Board of Control. It was resolved in the Resolution that he was also called upon to give undertaking to the effect that he shall not take recourse to any law court for damages etc. Meanwhile the petitioner was promoted to the cost of Professor and Head of Geneticist and Plant Breeding vide order dated 22nd April. 1980. Thereafter Mr. P.N. Bhandari took over as the Vice Chancellor of the University of Udaipur. The Executive Committee of the respondent University in its meeting held on 3 -12 -1981 resolved to stay the Resolution No. 25 of the Board of Control dated 2 -8 -1980 allegedly for the reasons that the: