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2008 Supreme(SC) 1855

S.B.SINHA, CYRIAC JOSEPH
Committee of Management – Appellant
Versus
Vice Chancellor – Respondent


Advocates appeared:
For the Appellants :Anoop G. Choudhari, Mrs. June Choudhari, Sr. Advs., Shakil Ahmed Syed, Mohd. Monis Abbasi, Prabhat Kumar Rai, Advocates.
For the Respondents:R.G. Padia, Sr. Adv., C.D. Singh, Sunny Chowdhary, Valragya Vardhan Dubey, Aditya Singh, Ms. Upasana Nath, Anish Dayal, Ms. Anitha Shenoy, B.B. Singh, Siddhartha Vaid, Sanjay Pandey, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Appellants run a Muslim Minority Post Graduate College, commonly known as Mumtaz Post Graduate College (for short, ‘the college’) at Lucknow. It is affiliated with the University of Lucknow (for short, ‘the University’). Third respondent, viz., Dr. Mukhtar Nabi Khan was appointed as Principal of the said college. On an allegation that a prima facie case had been made out against the said respondent of having committed various acts of misconduct, a preliminary enquiry was held pursuant to a resolution adopted by the Managing Committee in a meeting held on 02nd May 2003. For the said purpose a Committee of three senior members was constituted. The said Committee submitted its report on or about 30th May 2003.

3. Appellants, upon consideration of the said report, by a resolution adopted in a meeting held on 05th June 2003, took a decision to hold a proper disciplinary enquiry. He was placed under suspension. Vice-Chancellor of the University was also duly informed thereabout.

4. A charge-sheet containing eight charges was issued against the respondent no.3. He, however, did not file any show cause/reply thereto.

5. Upon recording evidenc








































































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