2015 Supreme(SC) 95
SUDHANSU JYOTI MUKHOPADHAYA, C.NAGAPPAN
Professor Ramesh Chandra – Appellant
Versus
University of Delhi – Respondent
Judgement Key Points
Based on the provided legal document, here are the key points:
- Initiation of Proceedings: It is always open to a competent authority to initiate departmental proceedings against an employee regarding misconduct or dereliction of duty. (!)
- Mala Fide Allegations: Allegations of mala fide cannot be raised in the absence of specific evidence. (!) (!)
- Distinction between Misconduct and Dereliction: Failure to inform the university about removal from a deputed post before completion of tenure may be a dereliction of duty, but it does not constitute misconduct sufficient for permanent debarment. (!)
- Founder Director Title: Describing oneself as "Founder Director" on a letterhead is not against the code of conduct and cannot be termed misconduct, especially when the individual was the first director. (!)
- Statutory Authority for Punishment: If the university statute does not provide for permanently withholding appointment, such a punishment is illegal and unenforceable. (!)
- Requirement for Documentary Evidence: The supply of a list of witnesses and documentary evidence to the delinquent and the Inquiry Officer is mandatory; failure to supply documents requested by the appellant vitiates the enquiry. (!) (!)
- Extraneous Grounds: An inquiry holding a delinquent guilty on grounds extraneous to the charges (facts not part of the charge sheet or evidence list) is vitiated. (!) (!)
- Mala Fide Action due to Clash of Interest: Actions taken by the university to punish an employee due to a clash of interest between university officials and the employee's external organization (ACBR) are held to be mala fide and illegal. (!)
- Bias in Appointment of Inquiry Officer: A retired judge who previously acted as counsel for the appointing authority (the University) should not be appointed as an Inquiry Officer, as this appointment is open to challenge on grounds of bias. (!) (!)
- Right to Legal Representation: If the Inquiry Officer is a legal practitioner (including a retired judge), it is unfair to deny the delinquent the assistance of a legal practitioner; refusal to grant such permission violates natural justice. (!) (!)
JUDGMENT
SUDHANSU JYOTI MUKHOPADHAYA, J.
1. This appeal has been preferred by the appellant against the impugned judgment dated 1st March, 2012 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No.2547 of 2010. By the impugned judgment, the High Court dismissed the writ petition, upheld Para 6 of the Annexure to Ordinance XI of University of Delhi and refused to interfere with the show cause notice issued on the appellant and the memorandum(s) by which the appellant was punished and removed from the service of the Delhi University.
2. The factual matrix of the case is as follows:-
The appellant was a Professor in the University of Delhi (hereinafter referred to as the, 'University'). According to the appellant while serving in the University he wrote a letter dated 1st December, 1990 addressed to the Union Minister of State for Welfare requesting sanction of Rs.5 crores for starting Dr. B.R. Ambedkar Centre for Biomedical Research (hereinafter referred to as the, 'ACBR'). In response to the said letter, office of Dr. B.R.Ambedkar Centenary Celebration under Ministry of Welfare by letter dated 22nd January, 1991 invited the appellant to submit a detailed project report
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