Ramesh Chandra vs University Of Delhi & Ors

2. The factual matrix of the case is as follows:-

2.10) The appellant submitted his reply on 12th December, 2005 and requested for supply of certain documents. According to him, the documents were not supplied to him.

2.12) On 2nd January, 2006 the Registrar, University of Delhi issued an office order that consequent upon Dr. Vani Brahmachari proceeding on leave Dr. Daman Saluja would look after the day to day work of the office of Director, ACBR until further orders. On 25th January, 2006 the Registrar of the University forwarded another memorandum calling upon appellant's explanation w.r.t. memorandum dated 2nd November, 2005 within fifteen days. The appellant submitted his final reply on 8th February, 2006.

2.21) The writ petition being W.P.C. No.16000 of 2006 preferred by the appellant challenging the Resolution dated 17th October, 205 was dismissed on 11th April, 2008. In the meantime, the appellant was informed by Justice 'X' Inquiry Officer vide letter dated 5th May, 2008 that another inquiry was being initiated in respect of memorandum dated 16th October, 2007 and asked the appellant to take part in the inquiry. In the meantime, the prayer of the appellant for review of the order of suspension was also rejected. Therefore, the appellant filed Writ Petition No.4436 of 2008 challenging the resolution dated 21st March, 2007 and memorandum dated 22nd March, 2007. The appellant being aggrieved by the order of learned Single Judge in W.P.C. No.16000 of 2006 preferred LPA No.229 of 2008. The said LPA No.229 of 2008 was heard along with Writ Petition No.4436 of 2008 and both were dismissed by the High Court by common judgment dated 21st May, 2009.

2.23) On 19th December, 2009 the Inquiry Officer concluded the inquiry pursuant to memorandum dated 27th August, 2007 and 16th October, 2007 and submitted his reports, both dated 23rd February, 2010. A copy of the inquiry report pursuant to memorandum dated 16th October, 2007 was forwarded to the appellant asking him to submit his reply within twenty one days. The appellant requested the Registrar, University of Delhi to supply certain documents which were referred to by the Inquiry Officer and submitted interim reply on 18th March, 2010. Subsequently, the Executive Council passed Resolution No.281 dated 25th March, 2010 disengaging the appellant from the services with immediate effect and subsequently a memorandum dated 26th March, 2010 was issued to the said effect. The aforesaid decision was communicated to the appellant by the Registrar.

2.24) This Court on 5th April, 2010 dismissed the SLP(C) Nos.13753 of 2009 and 14150 of 2009 filed by the appellant challenging the High Court order dated 21st May, 2009 in LPA No.229 of 2008 but granted the liberty to the appellant to challenge the punitive orders. The appellant was permitted to take all the pleas taken in the SLP including the challenge to the validity and propriety of the inquiry proceedings conducted by the University of Delhi. Pursuant to the said order, the appellant filed Writ Petition No.2547 of 2010 before the High Court of Delhi at New Delhi which was dismissed by impugned judgment dated 1st March, 2012.

x x x x x "The delinquent in the year 1992 was working as UGC Research Scientist attached to the Department of Chemistry, University of Delhi. The Executive Council of the University of Delhi in its meeting held on 15th February, 1992 approved the setting up of B.R.Ambedkar Centre for Bio- medical Research (in short referred to as ACBR) and the delinquent while working as UGC Research Scientist was allowed to function as officiating Director of ACBR vide order dated 30th May, 1995 till regular appointment of the Director of the Centre was made. With effect from 25th June, 1996 the delinquent is serving as Professor in the Department of Chemistry, University of Delhi, even after his appointment as Professor in the Department of Chemistry, he continued to work as Director, ACBR till he was relieved from the post of Professor in Chemistry to take up the appointment of Vice-Chancellor, Bundelkhand University, Jhansi on 31st July, 1999. On his appointment as Vice-Chancellor, Bundelkhand University, the delinquent sought extraordinary leave with a lien in his substantive post of Professor, Department of Chemistry to enable him to join as Vice- Chancellor, Bundelkhand Univesity and his request was allowed by the Executive Council of the University. On his taking over as Vice-Chancellor, Bundelkhand Univesity, the University of Delhi vide notification dated 20th September, 1999 appointed Prof. Vani Brahmachari as the Officiating Director, ACBR.

The aforesaid submission cannot be accepted in view of the stand taken by the University and the material on record.

We have gone through the inquiry report(s) submitted by the Inquiry Officer and other records. The aforesaid submission advanced on behalf of the appellant will be discussed at an appropriate stage.

Now, therefore, Prof. Ramesh Chandra is hereby directed to submit in writing an explanation to this memorandum within 15 days of its date of issue, failing which it shall be presumed that he has no explanation to offer and the matter shall be placed before EC for consideration/action in accordance with Clause 6 of Ordinance XI of the University of Delhi.

For the reasons aforesaid, the order of punishment contained in Memorandum dated 22nd February, 2010 cannot be upheld. The said memorandum is accordingly declared illegal and cannot be upheld.

21. In the inquiry report, the background of appointment of the appellant since 1992 has been referred, though it had no connection with charges. No such fact or evidence was brought regarding the background history of the appellant was mentioned in the (third) chargesheet nor any such evidence is on record produced by the University.

The University is directed not to engage any Hon'ble retired Judge of any Court, who was earlier a counsel of the University as an Inquiry Officer to hold an inquiry against any of its employee.

27. The Inquiry Officer herein being a retired Judge of the High Court is a person of vast legal acumen and experience. The Presenting Officer also would be a person who had sufficient experience in presenting case before Inquiry Officer. In this background, it is also required to consider whether an application of a delinquent employee seeking permission to be represented through a legally trained and qualified lawyer should be allowed or not.

31. For the reasons aforesaid, we hold that all the Departmental inquiries conducted against the appellant were in violation of rules of natural justice. This apart as the third inquiry report is based on extraneous facts and first part of the charge held to be proved in memorandum dated 26th March, 2010 being not the part of the charges shown in the (third) chargesheet, the order of punishment, including Resolution by memorandum dated 26th March, 2010 cannot be upheld.

32. For the reasons aforesaid, we set aside both penal memoranda dated 22nd February, 2010 and 26th March, 2010. In effect, the appellant stands reinstated to the post of Professor but in the facts and circumstances, we allow only 50% of back wages (salary) to appellant for the intervening period i.e. from the date of his disengagement till the date of this judgment. However, the aforesaid period shall be treated 'on duty' for all purposes including seniority, increment, fixation of pay, retrial benefits, etc. The respondents are directed to pay the appellant arrears within two months, failing which they shall be liable to pay interest @ 6% from the date of this judgment.

33. The appeal is allowed with aforesaid observations and directions. No costs.

FEBRUARY 06, 2015.