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2014 Supreme(Kar) 1109

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
H. BILLAPPA, J.
PROF. H.B. WALIKAR - Appellant
Vs.
THE CHANCELLOR OF UNIVERSITIES IN KARNATAKA AND HIS EXCELLENCY THE GOVERNOR OF KARNATAKA - Respondent
W.P. Nos. 109881 of 2014 & 109931-109934 of 2014, (GM-RES)
Decided on : 27-11-2014

Advocate Appeared:
For the Appellant :Sri. Jayakumar S. Patil, for Sri M.H. Patil and Sadiq N. Goodwala, Advocates
For the Respondent:Sri Vijayashankar, for Sri. Mahesh Wodeyar, Sri Mallikai junswamy B. Hiremath, Sri M.S. Hiremath, Advocate

Headnote:KARNATAKA STATE UNIVERSITIES ACT, 2000 - Sections 8(1), 12 - Inquiry proceedings - Chancellor empowered to initiate inquiry against "employees" of University, on recommendation of State Government . - Vice-Chancellor, not "employee" of University - Chancellor acting himself on basis of report of Commission and taking further actions without sending report to State Government - Chancellor initiating inquiry against Vice-Chancellor in clear violation of Section 8(1) of Act - Vice-Chancellor can be removed by order of Chancellor under Section 14(8) of Act, only on ground of wilful omission or abuse of power - No opportunity of hearing provided to Vice-Chancellor at any stage - Inquiry initiated by Chancellor against Vice-Chancellor, is not valid.

       KARNATAKA STATE UNIVERSITIES ACT, 2000 - Sections 8(1), 12 - Inquiry proceedings - Chancellor initiating inquiry against Vice-Chancellor in clear violation of Section 8(1) of Act - Pursuant to inquiry, Commission submitting its report - Various allegations made against Vice-Chancellor in report but no opportunity of hearing, was granted - Inquiry report submitted by Commission, is unsustainable under law.

       KARNATAKA STATE UNIVERSITIES ACT, 2000 - Sections 8(1), 12 - Inquiry proceedings - Vice-Chancellor challenging proceedings initiated by Chancellor - Vice-Chancellor arrested while proceedings were pending - Bail granted to Vice-Chancellor on condition to co-operate with investigation - It cannot however be inferred that Vice-Chancellor acquiesced for investigation - Vice-Chancellor not waiving his right to challenge inquiry proceedings initiated by Chancellor.

       KARNATAKA STATE UNIVERSITIES ACT, 2000 - Sections 14(1), (8), 40 & Karnataka University Employees (Classification, Control and Appeal) Rules, 1998, Statute, 1(c) - Appointment of Vice-Chancellor - Nature of employment - Vice-Chancellor appointed by Chancellor with concurrence of State Government - Vice-Chancellor termed as officer of University, being ex-officio Chairman of Boards for selecting candidates for appointment as University employees - Term "Employee" defined under 1998 Rules, not including post of Vice-Chancellor - Vice-Chancellor, cannot be termed as "Employee" of University.

JUDGMENT :

H. Billappa, J.

In these writ petitions under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. the petitioner has sought for the following reliefs:

(i) Quash the impugned notification dated 12.09.2014 vide Annexure-H issued by the Respondent No.1 and all further proceedings pursuant to Annexure-H.

(ii) Quash the impugned Inquiry Report dated 23.09.2014 vide Annexure-L.

(iii) Quash the impugned letter dated 01.10.2014 vide Annexure-N issued by the respondent No. 1.

(iv) Quash the impugned letter dated 01.10.2014 vide Annexure-P issued by the respondent No. 1.

(v) Quash the impugned FIR with complaint in Dharwad Lokayukta Police Station Crime No. 11/2014 vide Annexure-R which has been registered by respondent No.2 as per the directions stipulated in Annexure-N issued by respondent No. 1.

2. It is stated, the petitioner was appointed as Vice Chancellor of the Karnataka University, Dharwad, on 25.10.2010. The petitioner is an eminent scholar having very good academic and administrative excellence, he has respect and regard in the Society.

3. Under Section 14(1) of the Karnataka State Universities Act, 2000 (for short "the Act"), the Vice Chancellor of the University is a whole time Officer. He has been enlisted as Officer of the University as per Section 11(c) of the Karnataka State Universities Act. The petitioner does not come under the ambit of employees of the University.

4. It is stated, some discredented, unconnected persons having personal agenda and political affiliation met the first respondent on 9.9.2014 and had a discussion with first respondent regarding administration of the petitioner. It has appeared in various newspapers including Vijaya Vani daily newspaper.

5. On the basis of the malicious and personally interested representation, the first respondent appointed Hon'ble Justice B. Padmaraj, former Judge, High Court of Karnataka, Bangalore, to hold an inquiry into the allegations against the petitioner exercising power under Section 8(1) read with Section 12 of the Karnataka State Universities Act, 2000, vide notification bearing No. GS 3 KUM 2014 dated 12.9.2014. The notification is in gross violation of the principles of natural justice. The petitioner being an Officer of the University does not come under Section 8 of the Karnataka State Universities Act, 2000. Therefore, the appointment of inquiry Officer was beyond the scope of the Karnataka Universities Act, 2000, and without authority of law or jurisdiction.

6. It is stated, the Government has power and jurisdiction to appoint Inquiry Officer under Section 14(8) of the Karnataka Universities Act, 2000. The Government has not appointed any such Inquiry Officer. All matters relating to Vice Chancellor are required to be dealt under Section 14. The petitioner through letter dated 17.9.2014 ascertained from the State Government as to whether the Government has requested the first respondent to hold an inquiry against the petitioner. The State Government through its letter dated 17.9.2014 has informed the petitioner that no proposal has been sent to the first respondent. The Government has not sent any proposal to the first respondent to appoint an Inquiry Officer.

7. Through notification dated 12.9.2014 vide annexure-11 the first respondent has directed the petitioner not to proceed with any recruitment including issue of appointment order, award of lender for construction works and purchase till Inquiry Report is submitted. The petitioner has complied with the said directions.

8. The Hon'ble Justice B. Padmaraj, Inquiry Officer appointed by the first respondent arrived at Karnataka University campus at Dharwad on 17.9.2013. Thereafter, from 18.9.2013 till 23.9.2013 he secured documents and information from various sections/ departments of Karnataka University, Dharwad and concluded the inquiry. Thereafter, the report has been submitted to the first respondent as per Annexure-L. On arrival of Hon'ble Justice B. Padmaraj, Inquiry O




















































































































































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