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2006 DIGILAW 1564 (RAJ)

Dr. Rashmi Patni v. University of Rajasthan

2006-05-09

ASHOK PARIHAR

body2006
Judgment Ashok Parihar, J.-Since on similar set of facts rival claims have been made in both the writ petitions, the same have been heard together and are being disposed of by this common order. 2. The matter appears to have a checkered history. The petitioner-Dr. Santosh Sharma while working as Associate Professor was promoted to the post of Professor under Career Advancement Scheme vide order dated 111.2001. On the basis of her promotion to the post of Professor, Dr. Santosh Sharma was also made Head of the Department in the subject of History. Since many representations and complaints were received by the authorities in regard to promotion of Dr. Santosh Sharma on the post of Professor, the Chancellor of the respondent-University appointed a committee of Mr. Anil Vaish to enquire into the matter vide order 22.05.2002 under Section 10(3) of the University of Rajasthan Act, 1946. Mr. Anil Vaish after making his enquiry submitted the report on 29.06.2002. The conclusions arrived at by the above committee are reproduced here as under:- "(i) the entire process of promotions adopted by the university suffered from lapses, the impact of some of which could vitiate the proceedings; (ii) the process of promotion of Dr. Santosh Sharma to the post of Professor in the History Department contained serious irregularities; and (iii) chargescontained in the complaint dated 03.04.2002 submitted to HE, the Chancellor were by and large substantiated, prima facie, though some of these allegations required further investigation by a competent agency, before they could be considered to have been established beyond doubt." 3. It seems that in view of the report submitted by Mr. Anil Vaish, the matter was placed before the Syndicate. While accepting the report of Mr. Anil Vaish the Syndicate passed the following resolution on 05.09.2002:- "1. Resolved to accept the Vaish Committee "Report of Enquiry into Irregularities in the Promotion of Dr. Santosh Sharma, Associate Professor (History) University of Rajasthan to the post of Professor (History) under CAS, June 2002." 2. Further resolved in view of grave charges contained in the report Dr. Santosh Sharma be placed under suspension immediately. .3. Further resolved that disciplinary action be initiated against Dr. Santosh Sharma for grave professional misconduct as pointed out in the enquiry report, for; .(1) Misrepresentation before the Selection Committee on facts pertaining to academic material claimed to have been published by her. Santosh Sharma be placed under suspension immediately. .3. Further resolved that disciplinary action be initiated against Dr. Santosh Sharma for grave professional misconduct as pointed out in the enquiry report, for; .(1) Misrepresentation before the Selection Committee on facts pertaining to academic material claimed to have been published by her. .(2) Presentation of plagiarized material as original research in articles and books claimed to have been authored by her; .(3) Interpolation in earlier issues of Journal of Rajasthan Institute of Historical Research of articles authored by her, and representation of these issues as recent volumes published under her co-editorship. 4. Further resolved that this matter be referred to the Anti Corruption Bureau (RSBI) for further investigation in the matter of promotion in the Department of History in the following matters:- .(1) Reconstruction of earlier issues of Journal of Rajasthan Institute of Historical Research by altering cover and contents pages and addition of her own articles. .(2) Presentation of plagiarized material as original research. This reference of ACD would be made within 15 days. 5. Further resolved that regarding procedure of selection, a Syndicate Committee is hereby constituted to suggest guidelines for further improvement for future selections under CAS. The Committee would comprise the following persons:- Prof . L.K. Pareek Convener. Dr. B.D. Rawat Member. Dr. M.S. Maheshwari Member. Dy. Registrar (Estt. I) Secretary. The Committee would submit its report to the Syndicate within 60 days." 4. In pursuance to the above resolution dated 05.09.2002 Dr. Santosh Sharma was placed under suspension vide order dated 05.09.2002. It has further come on record that a formal charge-sheet has also been issued to Dr. Santosh Sharma vide memorandum dated 012.2002. The enquiry committee headed by a retired Honble Judge of this Court has also been constituted vide order 012.2003. 5. The matter would not end here. In the meanwhile, the Syndicate again passed a resolution on 17.07.2004 by which the report of Mr. Anil Vaish was rejected and Dr. Santosh Sharma was ordered to be reinstated as Head of Department in History after revoking her suspension order. 6. In S.B. Civil Writ Petition No. 3400/2002 the petitioners have challenged the appointment of Dr. Santosh Sharma on the post of Professor vide order dated 111.2001 as also the resolution passed by the Syndicate on 17.07.2004, whereas, in S.B. Civil Writ Petition No. 6621/2002 Dr. 6. In S.B. Civil Writ Petition No. 3400/2002 the petitioners have challenged the appointment of Dr. Santosh Sharma on the post of Professor vide order dated 111.2001 as also the resolution passed by the Syndicate on 17.07.2004, whereas, in S.B. Civil Writ Petition No. 6621/2002 Dr. Santosh Sharma has challenged the resolution passed by the Syndicate on 05.09.2002 and the consequential suspension order dated 05.09.2002 with a further prayer for quashing not only the report of Mr. Anil Vaish but also the charge-sheets, if any, issued to her. 7. After hearing Counsel for the parties, I have carefully gone through the material on record. 8. There cannot be any dispute that Mr. Anil Vaish was appointed by the Chancellor under Section 10(3) of the Act of 1946 to enquire into the irregularities committed by the committee recommending promotion of Dr. Santosh Sharma. Such reports can only be taken as fact finding report. Final action can be taken by the authorities only after the matter been properly enquired by a regular enquiry committee after giving proper opportunity of hearing to the delinquent employee. In the present case, the charge-sheet had already been served upon Dr. Santosh Sharma and an enquiry committee also been duly constituted. There was no occasion for the syndicate to pass a fresh resolution on 17.07.2004 reversing the earlier resolution dated 05.09.2002 which in fact had already been acted upon. There is no explanation as to under what circumstances the resolution dated 17.07.2004 was passed, moreso, when the matter was sub-judice before this Court. 9. Be that as it may, looking to the nature of allegations made against Dr. Santosh Sharma and a total stalemate been created in view of status-quo orders passed by this Court, without making any observations on writs, in the interest of justice, it will be proper to direct the respondents to complete the enquiry within a stipulated time. The respondent university is now directed to request the enquiry committee to conclude the enquiry and submit report as expeditiously as possible preferably within three months. It is also expected from the petitioner Dr. Santosh Sharma to cooperate in the enquiry. After receiving the enquiry report, the respondents are further directed to take a decision and pass necessary orders within two months thereafter. If any party is still aggrieved, they are always free to seek remedy before appropriate forum in accordance with law. It is also expected from the petitioner Dr. Santosh Sharma to cooperate in the enquiry. After receiving the enquiry report, the respondents are further directed to take a decision and pass necessary orders within two months thereafter. If any party is still aggrieved, they are always free to seek remedy before appropriate forum in accordance with law. So far as the suspension is concerned, the petitioner Dr. Santosh Sharma may make a proper representation to the concerning authorities for revocation of her suspension order and the respondent university shall be at liberty to pass any order on the representation so made by Dr. Santosh Sharma. However, it is made clear that in case of revocation of suspension, Dr. Santosh Sharma, will not be made Head of Department till final orders after conclusion of the disciplinary proceedings. In view of the directions issued above, the resolution passed by the Syndicate on 17.07.2004 shall not be given effect to. 10. With the above observations and directions, both the writ petitions are disposed of accordingly