Challenging the Notification (suspension order) dated 14.03.2016, passed by His Excellency the Governor of Karnataka, as the Chancellor of Visvesvaraya Technological University, Belgaum, whereby the petitioner, the Vice-Chancellor of the said University has been suspended, the petitioner has knocked at the doors of this court.

2. Briefly the facts of the case are that by a notification dated 30.06.2010 with effect from 02.07.2010, the petitioner, Prof. H. Maheshappa, was appointed as the Vice-Chancellor of the said University. The said appointment was for a period of three years. However, prior to completion of the said tenure, by notification dated 21.06.2014, the petitioner’s term as the Vice-Chancellor was extended till 30.06.2016. During his tenure as the Vice-Chancellor, a large number of complaints were made with regard to the irregularities and illegalities committed by the University. Therefore, by order dated 19.12.2014, a One Man Fact Finding Committee, consisting of Justice Ajit J. Gunjal, a retired Judge of this court, was constituted by the Chancellor of the University. However, subsequently as Mr. Justice Ajit J. Gunjal expressed his inability to continue with the fact finding proceedings, by notification dated 08.05.2015, the Chancellor constituted another One Man Fact Finding Committee by invoking his powers under Section 11(1) and (2) of the Visvesvaraya Technological University Act, 1994 (“the Act” for short). The Committee was of Mr. Justice K.N. Keshava Narayana, a retired Judge of this court. According to the notification, twenty-three points were referred to the Committee and the Committee was requested to not only enquire and report on these twenty-three points, but was also requested to submit its recommendations within two months from the date of constitution of the Committee.

3. On 30.12.2015, the committee submitted its first interim report. Considering the contents of the report, considering the finding of the committee, by letter dated 21.01.2016, the Chancellor called upon the Vice-Chancellor, the petitioner, to submit his comments/explanation within fifteen days from the date of receipt of the letter. Since the first report did not cover all the points of reference, on 28.01.2016, the committee submitted a second report with regard to Ref. Point Nos. 25 to 28. Having received the second report on 03.02.2016, the Chancellor again issued another notice calling upon the petitioner to submit his comments/explanation with regard to the findings of the Committee.

4. By letter dated 05.03.2016, the petitioner sought an extensions of time for submitting his comments/explanation. By letter dated 10.03.2016, the Chancellor informed him that he is granted three days time i.e., till 13.03.2016 for submitting his comments/explanation. According to the petitioner, the 12th and 13th March, 2016 were Saturday and Sunday and on 14th March, 2016, the petitioner was required to attend the Karnataka Education Summit and Awards 2016, a function organized by the University itself. Therefore, according to the petitioner, he was preoccupied with the said function, and, thus, could not tender his comments/explanation by 13.03.2016. Therefore, in the evening of 14.03.2016, the petitioner again sent another letter seeking extension of time till 17.03.2016. However, on 14.03.2016, the Chancellor issued the impugned order of suspension, thereby suspending the petitioner with immediate effect.

5. The petitioner did submit his explanation on 15.03.2016 before the Chancellor. He also submitted a representation, on the said date, requesting the Chancellor to revoke the suspension order dated 14.03.2016.

6. Having considered the explanation submitted by the petitioner, on 28.03.2016, the Chancellor wrote a letter to the Chief Minister, bringing it to his notice the facts mentioned above and also bringing to his notice that under Section 13(4A) and (4B) of the Act, the procedure for enquiry, penalty and removal of the Vice-Chanc