The authority to initiate disciplinary proceedings against officers and employees appointed by the Syndicate of Calcutta University rests with the Syndicate, not the Vice-Chancellor. The Vice-Chancellor's emergency power under Section 9(6) of the Calcutta University Act, 1966 can only be exercised in exigent circumstances where convening a Syndicate meeting would cause prejudice or harm to the University.

This Rule was obtained against the charge sheet issued by the Registrar. Calcutta University, respondent no. 4, alleging various acts and/ or irregularities in the matter of payments and also tempering of certain bills This charge sheet has been assailed in this writ application on the ground that the same was issued by an officer not authorized under the Act to issue the Same and also that the said charge sheet does not accompany a statement of allegations whereon the charges are bassed and also on other allegations. On 16.9.80 after hearing the learned Advocate fur the petitioner an interim order was made in terms of prayer (d) of the petition for two weeks and the petitioner was directed to serve copies of the application on respondent nos. 1, 2 and 4. On 19.9.80 the interim order was varied after hearing the learned advocates for all the parties to the extent that statusquo as on this day be maintained On 1.10.80 after hearing the learned advocates for both the parties the prayer of the petitioner for amending the petition by incorporating necessary prayers was allowed and certain directions were made Finally on 9.7.81 after hearing both the parties the instant Rules were issued and there was an interim order to the effect that the enquiry officer will complete the enquiry and submit his report before the disciplinary authority not later than ten weeks from 30.7.81 and within three weeks the disciplinary authority will pass final order in the matter. The disciplinary authority after passing order will serve a copy on the petitioner. The final order shall not be given effect to until further order of this Court. In accordance with this order final order of dismissal of the petitioner from his service was made by the Vice Chanceller, Calcutta University respondent no.2. sometime in September 980 This has been annexed as annexure B to the A/O. sworn by respondent no. 4 on 18.12.81.

2. The salient facts or the Case are as follows: The petitioner was appointed as Sports Officer in the Calcutta University on 29.1.70 and he was confirmed in the post of Sports Officer by a resolution of the Syndicate at its meeting held in September 1970 and this was communicated to the petitioner by the then Assistant Registrar by a letter dated 5.1.71. This letter has been annexed as annexure A to the petition Thereafter sometime in 1972 the. Syndicate on the basis of the power conferred upon it by the Calcutta University Act 1966, created a full time post of Programme Coordinator on a temporary basis within National Service Scheme (N.S.S.) with Fund placed at the disposal of the Calcutta University. Towards the end of 1972 the petitioner was taken in as a Programme Coordinator of the said National Service Scheme of the Calcutta University and he took over charge of the new office on 12.12.72. On that day the petitioner by a letter addressed to respondent no.2 requested him to maintain his lien to the post of Sports Officer of the Calcutta University while he joined his new post of Programme Coordinator of N.S.S. This was approved by the Vice Chancellor as will appear from the letter annexed as annexure B to the petition. The post of Programme, Coordinator was a purely temporary one the tenure of which now to be extended from time to time. In 1975 the petitioner's tenure of service as a Programme Coordinator was extended till the decision or the Syndicate and the petitioner had been continuing as such. The letter to that effect issued by the than Registrar of the Calcuttu University dated 23.6.75 has been annexed as annexure C to the petition. It has been stated that the petitioner faithfully and with due deligence discharged his duties and responsibilities attached to this post as Programme Coordinator and in appreciation of his work the Registrar intimated him by a letter dated 27.5.80 that the Vice Chancellor of the University appreciated his service and according to his desire the Registrar was conveying thanks for such good service rend