National Institute Of Technology & Anr vs Pannalal Choudhury & Anr

2) In order to appreciate the issue involved in this appeal, which lies in a narrow compass, it is necessary to set out the relevant facts in brief infra.

3) The appellant is a reputed Technical Educational Institute in the country. It is known as "National Institute of Technology" (hereinafter referred to as “NIT”) at Silchar in the State of Assam. Till 28.06.2002, it was functioning as Regional Engineering College (hereinafter referred to as “REC”) in equal participation of State and Central Government. However, on and after 28.06.2002, it became fully owned Central Government Educational Institute under the exclusive control and supervision of Central Government and was accordingly named as NIT.

4) The respondent was originally appointed as Deputy Registrar (Accounts) on 17.07.1986 by the erstwhile REC in their Institute. After few years, the respondent, on being selected, was appointed as Registrar of the REC. However, he was asked to hold the post of Deputy Registrar (Accounts) till the said post was regularly filled up.

5) In the year 1994-95, it was noticed in the audit that while functioning as Registrar/Deputy Registrar(Accounts), the respondent had committed several serious financial as also administrative irregularities. The irregularities were related to the acts of insubordination, dereliction of duties while attending to the work of the Institute, suppression of facts from the higher authorities and misappropriation of Institution's funds thereby putting the Institute to suffer loss etc.

6) The Management of REC accordingly issued three show cause notices/charge sheets two on 24.10.1994 (Annexure-P-1collectively) and one on 01.02.1995 (Annexure P-3) to the respondent under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as “the Rules”). The details of the irregularities/misconduct committed by the respondent were enclosed with the charge sheets. The respondent was asked to file his written reply to the aforesaid charge sheets. He was also asked to inspect the relevant documents, if he so desired to do so.

10) The Committee then issued notices to the respondent for his appearance on various dates such as 04.07.1995, 20.07.1995, 03.08.1995, 14.08.1995 and 27.12.1995 to participate in the inquiry but he failed to appear for the reasons best known to him. The Management accordingly examined four witnesses in support of the charges on 14.08.1995. Thereafter, on 27.12.1995 the respondent sent a letter to the Committee praying therein that since he has challenged his suspension order in Court, the departmental proceedings initiated against him be stayed awaiting the outcome of the Court proceedings.

13) Accordingly, a show cause notice was sent to the respondent on 07.06.96 (Annexure-P-6) by registered post along with the copy of the Inquiry report dated 29.02.1996 proposing therein the punishment of dismissal of the respondent from the service. Even after receipt of the show cause notice, the respondent did not file any reply. The Principal & Secretary accordingly informed the Chairman by his letter dated 01.07.1996 (Annexure-P-7) about non-submission of any reply by the respondent. The Principal & Secretary by his order dated 16.08.1996(Annexure-P-8) dismissed the respondent from the services of REC.

14) The matter was then placed before the BOG in their 69th meeting held on 22.08.1996 as Item No. 2 for appropriate orders, if any, in relation to the respondent's services. The BOG, in express terms, after deliberating the matter approved the minutes of earlier meeting and also approved of the action taken against the respondent by the Principal & Secretary and accordingly noted its compliance made in that behalf.

17) As mentioned above, the writ court (single judge) allowed the respondent's writ petition and set aside the dismissal order dated 16.08.1996 on the short ground that since the competent authority did not pass the dismissal order prescribed in the Rules, i.e., the BOG, whereas it was passed by the Principal & Secretary who had no authority to pass such dismissal order under the Rules and hence it was liable to be set aside being against the rules. The writ court accordingly set aside the dismissal order dated 16.08.1996 with a direction to the appellant to reinstate the respondent in their services by giving him all consequential benefits.

18) Aggrieved by the said order, the appellant filed intra court appeal. By impugned order, the Division Bench concurred with the view taken by the Single Judge (writ court) dismissed the appellant's appeal. Challenging, the said order, the appellant filed this appeal by way of special leave before this Court.

Under item-6B68/96:

33) In the light of aforesaid discussion and keeping in mind the contents of the Resolutions, it is difficult to agree with the view taken by the High Court that the BOG did not pass the dismissal order but it was passed by the Principal & Secretary. In other words, keeping in view the contents of the four Resolutions, we have no hesitation to hold that the dismissal order dated 16.08.1996 was passed by the BOG and the Principal & Secretary only signed the order for and on behalf of the BOG on the strength of authorization made in his favour by the BOG vide Resolution dated 11.03.1996.

43) As already mentioned above, no other point was urged by the respondent in the writ petition and also in intra court appeal of the appellant by filing cross objection therein for assailing the legality and correctness of the dismissal order on other grounds except the one which we have decided. It is, therefore, not necessary to go into any other question.

44) In view of foregoing discussion, the appeal succeeds and is hereby allowed. The impugned order is set aside. As a consequence, the writ petition filed by the respondent stands dismissed. No costs.

July 01, 2015.

Hon'ble Mr. Justice Abhay Manohar Sapre pronounced the reportable judgment of the Bench comprising Hon'ble Mr. Justice Vikramajit Sen and His Lordship.

The appeal succeeds and is hereby allowed in terms of the signed reportable judgment.