Dr. Rajneesh Kumar v. Dr. Hari Singh Gour Vishwavidyalaya
2014-07-23
R.S.JHA
body2014
DigiLaw.ai
JUDGMENT 1.Heard on the question of admission. The petitioner has filed this petition being aggrieved by his removal from the post of Assistant Professor by the University. 2. It is submitted by the learned counsel for the parties that this Court had disposed of identical petitions i.e. W.P No. 10470 of 2014 and other connected matters, giving certain directions and, therefore, they agree that this petition be also disposed of in identical terms. 3. The order passed by this Court in W.P. No. 10470 of 2014 dated 21.7.2014 is in the following terms:- “Having heard the learned counsel for the parties, it is observed that the petitioner in W.P. No. 10470 of 2014, by way of an application for taking additional documents on record, has placed the note sheets of the respondent University before this Court which indicates that the decision to remove the petitioner was taken by the Vice Chancellor in exercise of powers under section 11(3) of the Central Universities Act, 2009 (hereinafter referred to as 'the Act'). The note sheet itself indicates that the decision is subject to ratification by the Executive Council. On directions of this Court, the learned Senior Counsel appearing for the respondent University, has obtained instructions and on instructions states that the Executive Council would take up the issues expeditiously, consider all the grounds and objections raised by the petitioner and take a decision regarding ratification in accordance with the procedure prescribed by law. In view of the aforesaid submission of the learned Senior Counsel for the respondent University and keeping in mind the Second proviso to Section 11(3) of the Act, which provides for taking up the issues before the Executive Council in case any person is aggrieved by the order under section 11(3) of the Act, the petition filed by the petitioners is disposed of with a direction to the effect that in case the petitioners file a detailed representation taking all objections before the Executive Council through the Registrar of the University, within a week from today alongwith a copy of the order passed today and a copy of the petition, the Executive Council shall take a decision thereon expeditiously in accordance with law and the procedure prescribed therein within a period of six weeks thereafter, by recording reasons for the same and while doing so shall take into consideration and examine all the issues raised by the petitioners.
The Executive Council, while taking a decision, shall examine each case individually on its own merits and shall take a decision thereon without being influenced by the fact of pendency of the C.B.I. investigation. The decision of the Executive Council shall be communicated to the petitioners. With the aforesaid direction the petition, filed by the petitioners stands disposed of.” 4. This petition, being identical, is disposed of in similar terms with the same directions as state above. C.C as per rules.