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2015 DIGILAW 1351 (JHR)

Dular Hajam v. State of Jharkhand

2015-10-29

APARESH KUMAR SINGH

body2015
ORDER : Heard learned counsel for the parties. 2. The Governing Body constituted by the Vice-Chancellor of Vinoba Bhave University, Hazaribagh of Bhadrakali College, Itkhori, Chatra, an affiliated college, in exercise of powers under section 60(1) of Jharkhand State Universities Act, 2000 vide Notification dated 02.04.2013 (Annexure-4), was neither suspended, nor dissolved before constitution of the Adhoc Committee of the Governing Body by him under the provisions of section 60(4) of the Act of 2000 by the impugned Annexure-7 dated 09.02.2015 issued by the Registrar of the University. 3. Petitioner who was the Professor-in-charge of the college, became aggrieved with the Adhoc Governing Body only when he was replaced as the Professor-in-charge by an order issued by the Respondent No. 5 dated 28.07.2015 (Annexure-9) in his capacity as the University Representative-cum-Secretary of the Adhoc Committee (Governing Body). Therefore, he has approached this Court in the present writ application filed on 15.09.2015 challenging the constitution of the Adhoc Governing Body and his replacement as the Professor-in-charge of the college. Petitioner contends that he was appointed as a Principal of Bhadrakali College in the year 2006 by the Governing Body of the college in terms of the Act of 2000. However, no document in support thereof has been brought on record. The question whether petitioner was working as a Principal or Professor-in-Charge of the college, is not material for deciding the instant controversy as the constitution of the Governing Body shows that it is the Principal/Professor-in-Charge who is the ex-officio member of the Governing Body. 4. Respondent University were asked to respond. They have filed their counter affidavit thereafter which states that a Three Men Inquiry Committee constituted earlier vide University order dated 16.07.2012, inquired into the complaints against the Principal of the College i.e. the petitioner and the then Secretary Kumar Yashwant Narain Singh of the concerned college and submitted its report to the Registrar on 12.10.2012 which is Annexure-C to the counter affidavit. The Committee found that the Principal had produced many forged and fabricated documents in order to prove that Kumar Yashwant Narain Singh was the donor. He could not give satisfactory reply to the query of mismanagement of the college fund and interpolation in various documents. The tenure of the existing Governing Body had ceased in April 2012 and new Governing Body was constituted on 02.04.2013. He could not give satisfactory reply to the query of mismanagement of the college fund and interpolation in various documents. The tenure of the existing Governing Body had ceased in April 2012 and new Governing Body was constituted on 02.04.2013. The provisions of Statute relating to management and constitution of the Governing Body specifically Clause-3 places obligation on the Principal of the College to complete the process of formation of regular GB within a stipulated period by election or nomination of Members i.e. the President and Secretary amongst the seven Members of the GB, whereafter approval of the university was required. The affidavit alleges that the election of donor Member was done after one year by the university vide its Notification dated 28.07.2014; the teachers representative were not elected in accordance with law; petitioner did not take pain to complete the formation of regular GB for the reasons best known to him; specific conditions contained in the notification constituting the GB to be carried out by the Principal by convening its meeting, were also not carried out in right earnest. According to the respondents, Governing Body though notified, never became functional; petitioner was asked to submit a response to the allegations contained in the Inquiry Report vide letter dated 29.05.2013 within 15 days which he submitted only on 22.08.2015. However, before any order could be passed, the writ petition was filed. Therefore, it is premature. Other averments in the counter affidavit show that due to resignation of MLA and dissolution of Assembly, seat of Legislative Member fell vacant; term of one academic session of the teachers representative and university representative also expired on 30.06.2014; the Educationist Member Dr. Iftekhar Alam never attended any meeting. In such circumstances, the Vice-Chancellor had no option but to proceed for formation of Adhoc Governing Body for which he was authorized by the decision of the Syndicate dated 02.02.2015 by issuance of the Notification dated 09.02.2015 (Annexure-7), impugned herein. According to the respondents, question of superseding the earlier Governing Body never arose on account of the fact that it never came into existence. Respondent University has also questioned the intention of the petitioner in seeking quashing of the Adhoc Governing Body after such a long period of time when he himself had held meeting of the Adhoc Governing Body on 04.05.2015 and sent utilization certificate of Government aid to the Bank of India on 05.05.2015. Respondent University has also questioned the intention of the petitioner in seeking quashing of the Adhoc Governing Body after such a long period of time when he himself had held meeting of the Adhoc Governing Body on 04.05.2015 and sent utilization certificate of Government aid to the Bank of India on 05.05.2015. 5. Counsel for the respondent University submits that by the show-cause dated 27.07.2015, financial powers of the petitioner were ceased and thereafter, one Surendra Kumar Bursar has been asked to look after the work of Professor-in-charge of the college. The said Surendra Kumar has taken over as Professor-in-charge of the college on 29.07.2015. In conclusion, learned counsel for the respondent University submits that the University was seized with the report of non-functioning of the Governing Body and allegations against the petitioner and another person Yashwant Narain Singh. The Syndicate therefore authorized the Vice-Chancellor to constitute the Adhoc Governing Body for proper functioning of the college. Therefore, it does not require any interference. It is also submitted by the learned counsel that the university is in the process of constitution of a fresh Governing Body. The arrangement is only Adhoc in the interregnum. 6. Petitioner in his rejoinder, has enclosed several documents to refute the allegations made against him relating to mismanagement of the affairs of the college. It is submitted that the allegations inquired by the Committee were of 2012 and before, as would itself appear from the date of the report i.e. 12.10.2012. It is also urged on behalf of the petitioner that the same Yashwant Narain Singh was the Member of the Governing Body prior to its constitution also by Annexure-4 dated 02.04.2013 and he is also a Member of the Adhoc Governing Body, though university seems to have made unfounded allegations against him. It is submitted that he was the founder member of Bhadrakali College and has major contribution in the development of the college; all donors have recommended his name by way of an affidavit to be the nominated Member of the Governing Body of the college. Learned Senior counsel for the petitioner submits that the petitioner has convened meeting of the Governing Body on 16.05.2013 wherein Dr. Iftekhar Alam was appointed as a Member Educationist. Thereafter, Governing Body has been convened thrice and attended by other Members. Learned Senior counsel for the petitioner submits that the petitioner has convened meeting of the Governing Body on 16.05.2013 wherein Dr. Iftekhar Alam was appointed as a Member Educationist. Thereafter, Governing Body has been convened thrice and attended by other Members. Certain Resolution dated 16.05.2013, 06.08.2013, 09.12.2013 and 31.01.2014 are enclosed to the rejoinder affidavit in support thereof as Annexure-3. It is also stated that after formation of the Governing Body by Resolution dated 27.02.2014, funds were distributed and utilization certificate were also sent to the respondent Human Resources Development Department. Respondent Department has sanctioned funds to the petitioner's college up to March 2015 on the basis of grant application of the Governing Body through the respondent university. Photocopy of the sanction order dated 27.03.2015 is also enclosed to the rejoinder. Learned Senior counsel for the petitioner submits that term of the regular Governing Body was to expire in April 2016, but without any notice or show-cause as required under Clause 28 of the Statute, Adhoc Governing Body has been constituted by the Vice-Chancellor which is in teeth of the provisions of the Universities Act and the relevant Statute. Learned Senior counsel for the petitioner by referring to the provisions of the Universities Act, submits that the Adhoc Governing Body could only have been constituted upon due show-cause notice and after suspension or dissolution of the duly constituted Governing Body for the reasons specified in Clause-28(1)(a) to (d) of the Statute. Provisions contained in Clause-3 of the Statute specifically prescribes responsibility of the Principal and also quorum required for functioning of the Governing Body i.e. four members. He submits that the Statute confers powers to the Vice-Chancellor to inquire into the incidences of gross mismanagement and financial irregularities and regarding conduct of the President and Secretary of the Governing Body. He can intervene and remove them from office, of course, after issuance of show-cause and subject to final decision of the Syndicate. Leaned Senior counsel for the petitioner submits that none of these provisions are being followed and by constitution of the Adhoc Governing Body, petitioner has been arbitrarily replaced by the University Representative and Secretary of the Adhoc Governing Body by another person as Professor-in-charge of the college. None of the reply of the petitioner are being considered and he is being unnecessarily victimized. 7. None of the reply of the petitioner are being considered and he is being unnecessarily victimized. 7. Learned counsel for the University submits that the decision of the Vice-Chancellor are also appeallable. 8. I have heard learned counsel for the parties and considered their submissions in the background of the relevant material facts pleaded including the provisions of Universities Act, 2000 and Statute which have a play in deciding the instant controversy. Relevant provisions of section 4, 59 and 60 of the Jharkhand State Universities Act, 2000 is being quoted hereunder. “4. Purposes and powers of the University.- (1) There shall be the following purposes and powers of the University:- (1)-(20) ............................................................................... (21) to have powers as may be prescribed to constitute or dissolve the administrative body of an affiliated College of the University which is not a Government College ; (22) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University as teaching and examining body, and to cultivate and promote arts, science and other branches of learning. 59. 59. Relation to affiliated College with the University.- The relations of the affiliated Colleges with the University shall be governed by the Statutes to be made in that behalf, and such Statutes shall provide in particular for the exercise by the University of the following powers in respect of the Colleges affiliated to the University:- (1) to lay down minimum educational qualifications for the different classes of teachers and tutorial staff employed by such Colleges; (2) to approve the action taken by the governing bodies of such colleges in regard to creation of posts of teachers, their appointments, dismissal, discharge, removal from service, termination of service and determination of term of post [and to approve the deputation of teachers to the Intermediate College de-linked from the affiliated College:] (3) to co-ordinate and regulate the facilities provided and expenditure incurred by such Colleges, in regard to libraries, laboratories and other equipments for teaching and research; (4) to require such Colleges, when necessary, to confine the enrolment of students to certain specific subjects; (5) to regulate conditions of service of teachers of such colleges including the grant of leave with or without allowances and the constitution of pension, insurance, and provident funds for the benefit of such teachers; and (6) to require satisfactory arrangements for tutorial and similar other work in such Colleges and to inspect such arrangements from time to time : Provided that such colleges shall supplement such teaching by tutorial or other instruction of training in a manner to be prescribed by the Regulation to be made by the Academic Council. 60. The Governing Body.- (1) There shall be a governing body for the management and administration of each affiliated College other than a College owned and maintained by the State Government or a College established and administered by a minority community on the grounds of religion or language or an affiliated technical or medical college. 60. The Governing Body.- (1) There shall be a governing body for the management and administration of each affiliated College other than a College owned and maintained by the State Government or a College established and administered by a minority community on the grounds of religion or language or an affiliated technical or medical college. It shall consist of following members- (i) Principal of the College-Ex-Officio, (ii) a member elected by and from amongst the teachers of the College, (iii) a representative of the University nominated by the [Vice-Chancellor] (iv) an officer of the State Government posted in the district, being not below the rank of a sub-divisional magistrate, nominated by the [Vice-Chancellor] (v) a member elected by such donors from amongst themselves as have donated at least twenty five thousand rupees to the College, (vi) One member to be nominated by the [Vice-Chancellor], who is a member of the Parliament or the State Legislature and mainly resides in the district of the area in which the College is situated ; and (vii) One member co-opted by the Governing body from amongst such educationists or persons residing in the district where the College is situated as are reputed for their academic interest. (2) The term of office of the members of the Governing body, their powers and functions shall be such as are prescribed by the Statues. (3) Any act or proceedings of the Governing body of affiliated Colleges shall not be invalid merely because of any vacancy or vacancies in its membership. (4) The [Vice-Chancellor shall constitute an adhoc committee for the management of the College so long as Governing body is not constituted in accordance with the provisions contained in sub-section (1). (5) The Governing body/Managing Committee for the management and administration of a College owned and maintained by the Government, or established and administered by a minority community, on the ground of religion or language and declared, from time to time, as such by the State Government according to yard stick laid down by it, or of any affiliated technical or medical college, shall be constituted in accordance with the provisions prescribed in the Statutes. 9. Section 60(4) of the Act provides that the Vice-Chancellor shall constitute the Adhoc Committee for the management of the college so long as the Governing Body is not constituted in accordance with the provisions contained in sub-section 1. 9. Section 60(4) of the Act provides that the Vice-Chancellor shall constitute the Adhoc Committee for the management of the college so long as the Governing Body is not constituted in accordance with the provisions contained in sub-section 1. It is also material to extract the relevant provisions of the Statute regarding Governing Body notified on 12.02.1982 which provides for constitution of Governing Body for management and administration of every admitted college other than college owned and maintained by the State Government and the terms of the members; function of the Governing Body; President; Secretary; Member, etc: The Statute also contains procedure for submission of returns, report and inspection, other miscellaneous provisions, responsibilities of the Professor-in-charge of the college, nomination of the President, Professor-in-charge of the college, infrastructure, grant-in-aid as also provisions relating to suspension or dissolution of the Governing Body or cancellation of grant-in-aid. Provisions of clause-3 which prescribes term of the President, clause-5 which prescribes functioning of the Governing Body, clause-8 which prescribes the duties of the Principal of the college, clause-12 which prescribes for inspection, clause-10 which prescribes power of the Vice-Chancellor to inquire into the incidences of gross mismanagement or financial irregularities, clause-12 which prescribes for inspection of the college and clause-28 which relates to the suspension or dissolution of Governing Body of the college or cancellation of grant-in-aid, are being quoted hereunder as they are material for consideration.- “3(i) The terms of office of the members of the Governing Body other than teacher-member and University Representative shall be for a period of 3 years from the date of their election, nomination or Corporation, as the case may be, and shall include any further periods not exceeding 3 months that may elapse between the expiry of their terms and the next election, nomination or co-option. The term of officer of the University Representative and teacher member shall be for a period of one academic sessions: Provided that term of office of any member other than ex-officio member may be terminated, any time, by the Syndicate on the recommendation of the Vice-Chancellor if the continuance of the member is not in the interest of the college. The term of officer of the University Representative and teacher member shall be for a period of one academic sessions: Provided that term of office of any member other than ex-officio member may be terminated, any time, by the Syndicate on the recommendation of the Vice-Chancellor if the continuance of the member is not in the interest of the college. (ii) The Principal shall within 21 days of the election or nomination of the members under clauses (ii) to (vi) of sub-section (1) of section 60 of the Act, as the case may be, convene a meeting to-opt a member as required under clause (vii) of this sub-section. (iii) The Principal shall report the name of the member co-opted to the Registrar within seven days of the co-option. (vi) The Principal shall, with the approval of the Vice-chancellor and within 21 days of the co-option of member under article 3 above shall call a meeting of the Governing Body. The Governing Body at its meeting shall elect the following office bearers from amongst its member:- (a) President (b) Secretary Provided that in the case of colleges owned and maintained by Government, the term of office and the manner of election of the office bearers shall be determined by the Government: Provided further that in the case of college established and administered by the minorities based on religion or language or Medical/Engineering college other than those maintained by the Government the term of office and manner of selection of the office-bearers shall be determined by the Syndicate after considering the advice of the sponsors authorities of the college concerned. (v) Notwithstanding anything contained in the foregoing provisions persons prosecuted or convicted under the D.I.R. or M.I.S.A. or any other such law shall not be eligible to be or to continue as a member of the Governing Body or Ad-hoc committee. (vi) 4 members of the Governing Body shall form a quorum for the meeting of the Governing Body. (vii) Any member except an ex-officio member who fails to attend four consecutive meetings of the Governing Body of the college of which he is a member without obtaining leave may be declared by the Syndicate to have vacated his seat in the Governing Body and all such vacancies shall be filled up in the manner prescribed. (vii) Any member except an ex-officio member who fails to attend four consecutive meetings of the Governing Body of the college of which he is a member without obtaining leave may be declared by the Syndicate to have vacated his seat in the Governing Body and all such vacancies shall be filled up in the manner prescribed. (viii) The Governing Body of every admitted college shall meet at least 4 times in a year and not more than 4 months shall elapse between two meetings. (ix) A true copy of the proceedings of all meetings of the Governing Body with a copy of the agenda shall be forwarded to the University within a fortnight of the meeting. (x) No act or proceedings of the Governing Body of a college be invalided merely by reason of the existence of a vacancy or vacancies among its members. 5. Except in the case of colleges owned and maintained by the Government, the Governing Body of an admitted college shall:- (a) pass with or without modification the annual accounts and annual budget estimates prepared by the Principal. (b) make appointment against sanctioned posts of teachers subject to the provisions of the Act. (c) make appointment of non-teaching staff, other than inferior staff within the budget provision against sanctioned posts. (d) on the application being recommended or forwarded by the Principal grant all kinds of leave except casual and quarantine leave, which will be granted by the Secretary. (e) constitute selection committee/committee for appointment of various categories of staff excluding inferior staff. (f) be responsible for compliance with orders and directions of the University. (g) be responsible for the enforcement and observance of the laws and directions of the University. (h) consider, examine and sanction all proposals of scheme for improvement and expansion of the college. (i) exercise general supervision over all financial and administrative matters relating to the college. 8. (f) be responsible for compliance with orders and directions of the University. (g) be responsible for the enforcement and observance of the laws and directions of the University. (h) consider, examine and sanction all proposals of scheme for improvement and expansion of the college. (i) exercise general supervision over all financial and administrative matters relating to the college. 8. In every admitted college, the Principal shall be the head of the college and shall :- (a) assign duties (Teaching, administrative & extra-curricular) to the staff of the college and supervise the performance of these duties by them; (b) be responsible for the maintenance of discipline in all its aspects in the college and for that purpose shall have power to take such action as may be necessary subject to the laws of the University; (c) have powers to make appointment of inferior staff against sanctioned posts within the budget provisions; (d) grant casual or quarantine leave or permission to leave the station to the members of the staff of the college; (e) be the custodian of all records of the college; (f) carry on all correspondence, except those mentioned in clause (b) of Article 7; (g) subject to the control and direction of the Syndicate and the Academic Council, have powers to make rules not inconsistent with the laws of the University, relating to departments, Clubs, Societies, Staff and Students Union of the college, and submit copy thereof to the Governing Body and the University for information; (h) be responsible for the enforcement and observance of the laws and directions of the University; (i) be responsible for compliance of the orders and direction of all lawful authorities including the Governing Body of the college; (j) report to the Vice-Chancellor every proceeding of the Governing Body which is not in conformity with the provisions of the Act, Statutes, Ordinance, Regulation and the Rules of the University or Rules of the College. 10. 10. If the Vice-Chancellor is satisfied that due to gross mismanagement or financial irregularities a situation has arisen where the continuation of the President or the Secretary of the Governing Body is not in the interest of the College or the University, he may move the Syndicate to remove the President or the Secretary provided that the Vice-Chancellor will given reasonable opportunity to the President or the Secretary as the case may be, to show cause whey he should not be removed from office. The decision of the Syndicate shall be final. 12. Every admitted college with its accounts, registers, proceeding of meetings, and other records, must be open at all times for inspection by the President, the Secretary of the Governing Body and any officer or officers of the University appointed for the purpose or authorized by the Syndicate or the Academic Council or the Vice-Chancellor to conduct any inspection or inquiry. 28.(1) The Syndicate may on its own motion or at the instance of the Vice-Chancellor (i) suspend the Governing Body for a specific period or (ii) dissolve a Governing Body and order its re-constitution, or (iii) cancel grant-in-aid to the college concerned, if in the opinion of the Syndicate any such action is necessary to be taken for any one or more of the following reasons:- (a) that the college has failed to comply with the directions issued by the Syndicate under the laws of the University within a specific time. (b) That the college has failed to observe the provisions of the laws of the University, (c) That the accounts of the grants made to the college have been improperly utilized, and (d) That the affairs of the college in the opinion of the Syndicate have been grossly mismanaged: Provided however, that the before ordering suspension; or dissolution of the Governing Body or before passing any other order indicated above the Syndicate shall give a reasonable opportunity to the Governing Body to show cause against such action. (2) The Syndicate shall, in case any order for suspension or dissolution of a Governing Body is passed, appoint an Ad-hoc committee to exercise the powers and perform the duties of the Governing Body until expiry of the period of suspension or the re-constitution of the Governing Body, as the case may be.” 10. (2) The Syndicate shall, in case any order for suspension or dissolution of a Governing Body is passed, appoint an Ad-hoc committee to exercise the powers and perform the duties of the Governing Body until expiry of the period of suspension or the re-constitution of the Governing Body, as the case may be.” 10. It is evident that the provisions under clause-28 of the Statute relating to the suspension or dissolution of the Governing Body which require reasonable opportunity to the Governing Body to show-cause against the proposed actions required for the reasons stated at Clause-28(1)(a) to (d), have not been followed in the instant case before constitution of an Adhoc Committee by the impugned Annexure-7. The Governing Body has neither been suspended nor dissolved by the Syndicate or at the instance of the Vice-Chancellor. From perusal of the Minutes of the Syndicate dated 02.02.2015, it is evident that the Syndicate has only authorized the Vice-Chancellor to constitute an Adhoc Committee. However, such an authorization even though not explicit in its language, would always contemplate requirement of following the procedure prescribed under the Universities Act and the Statute. The material which form the basis for taking such a decision to constitute a Adhoc Committee are something which is not required to be gone into in the instant proceeding at this stage. The University Syndicate and the Vice-Chancellor have been conferred with the powers under the Act and the Statute to constitute the Governing Body of the affiliated college to carry out the functioning of the college and to ensure that it is not impaired by mismanagement or financial irregularity. It can suspend or dissolve the G.B. or cancel the grant in aid to the college when the college has failed to comply with the directions of the Syndicate under the laws of the University within a specific time; or has failed to observe the laws of the University; or accounts of the grants made to the college have been improperly utilized likewise. The charges based upon the inquiry conducted by the university in respect of the affairs of the college and specifically relating to the petitioner or any other person need not be gone into also in the present writ petition as they are required to be examined and action if necessary, be taken in accordance with law and after due opportunity to the concerned person by the competent authority. The only question which requires consideration in the present writ petition is in respect of constitution of the Adhoc Governing Body by the impugned Notification dated 09.02.2015 and whether it has been taken without complying with the provisions of the Universities Act and Statute. 11. From the discussions made hereinabove, it can be easily drawn that the Adhoc Governing Body constituted by the impugned Notification dated 09.02.2015 is obviously not in accordance with the Universities Act and Statute. Under the scheme of the Universities Act and Statute, the Syndicate and the Vice-Chancellor have sufficient powers to inquire into the affairs of such college, as already noticed hereinabove, so that the function of the college does not suffer and education of the students is not impaired. Provisions of the University Statute, quoted hereinabove, specifically clause-8 which relates to the powers of the Principal, clause 9 and 10 which deals with the incidences of gross mismanagement and financial irregularities by the President or Secretary of the Governing Body against the interest of the college, are sufficient to show that the Vice-Chancellor and the Syndicate have the powers to intervene. Under clause-12, Syndicate or the Academic Council or the Vice-Chancellor has also the power to conduct inspection into the conduct of the affairs of the affiliated college. All such powers are to be exercised in furtherance of the aim and object of the principal Act as also the Statute created thereunder to ensure proper management and administration of the affiliated college in question. In such circumstances, if the university Syndicate and Vice-Chancellor have sufficient reasons to arrive at a decision to constitute a fresh Governing Body and to issue specific directions upon the President, Secretary or Principal of the College in question, it cannot be questioned in the eye of law. However, provisions of law relating to the suspension or dissolution of a duly constituted Governing Body before creation of an Adhoc Governing Body are also required to be followed, otherwise the action would be in teeth of the Universities Act and the Statute. Therefore, the impugned notification dated 09.02.2015 cannot be sustained in the eye of law. Accordingly, Notification at Annexure-7 dated 09.02.2015 is quashed. Consequently, the orders at Annexure-9 dated 28.07.2015 is also quashed. Therefore, the impugned notification dated 09.02.2015 cannot be sustained in the eye of law. Accordingly, Notification at Annexure-7 dated 09.02.2015 is quashed. Consequently, the orders at Annexure-9 dated 28.07.2015 is also quashed. However, this Court being conscious of the responsibility of the University and its bodies including the Vice-Chancellor to ensure proper management and administration of the college in question, considers it proper to issue directions upon them to take a decision in respect of the existing Governing Body or creation of new Governing Body in accordance with law within a reasonable time. 12. In view of the aforesaid decision, the Vice-Chancellor would be well authorized to issue specific direction to the existing Governing Body under the provisions of the Universities Act and Statute for proper administration and management of the college till such a decision is taken relating to continuation of the existing Governing Body or creation of a new Governing Body. Consequently, the respondent-Vice Chancellor would also be entitled to make interim arrangement to ensure impartial and proper conduct of the affairs of the college, so far as the charge of Professor-in-Charge of the college is concerned, in view of the fact that certain charges have been alleged against the present petitioner. Needless to say, the University while taking any such decision on the charges levelled against the petitioner, would act in accordance with law after giving due opportunity to the petitioner in compliance with the principles of natural justice. 13. Writ petition is allowed in the manner and to the extent indicated hereinabove.