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2009 Supreme(Del) 633

IN THE HIGH COURT OF DELHI AT NEW DELHI
HONBLE MR. JUSTICE MADAN B.LOKUR HONBLE MR. JUSTICE SIDDHARTH MRIDUL, JJ.
PROFESSOR RAMESH CHANDRA – Petitioner
versus
THE UNIVERSITY OF DELHI & ANR. – Respondents
WRIT PETITION (CIVIL) 4436/2008 & CM APPL.8566/2008, 9382/2008, 11390/2008 & 731/2009
Decided on : 21st May, 2009

Advocates appeared:
Mr.R.Venkataramani, Sr.Advocate with Mr.Aljo K.Joseph and Mrs. Neela Gokhale, Advocates.
Mr. V.P.Singh, Sr.Advocate with Mr.Mohinder Jit Singh Rupal and Mr.Amar Jyoti Srivastava, Advocates for R-1 & R-2.

Headnote:Constitution of India, 1950 Article 226 - Writ petition challenging the charge sheet Nothing to show that there was an~7 jurisdictional error on the part of the Respondents - Ordinarily no writ may be entertained against a charge-sheet or show cause notice since a mere charge-sheet or show cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party, unless the same is issued by a person having no jurisdiction to do so - Petitioner suppressed the fact that in an earlier proceeding, which had been dismissed as withdrawn, the Petitioner had sought a similar prayer - Writ petition, dismissed.

JUDGMENT

SIDDHARTH MRIDUL, J.

1. By way of the present writ petition under Article 226 of the Constitution of India, the petitioner seeks the following reliefs:

(a) Issue of a writ of Certiorari or any other writ or direction in the nature of Certiorari quashing the Resolution dated 21st March, 2007 passed by the Executive Council of the University and the Memorandum dated 22nd March, 2007 and all other orders issued in pursuance thereof by the Respondent University; (b) Declare that further charges referred to the Enquiry Officer contained in the Memorandums dated 26th August, 2007 and 16th October, 2007 to be illegal and the conduct of any enquiry in respect of the said charges are vitiated by malice in fact and in law and a writ of mandamus may kindly be issued restraining the holding of such enquiry. (c) Declare that the Petitioner is entitled to carry on his academic research and related activities initiated/supervised by him in his capacity of Director (officiating) ACBR and Professor, Department of Chemistry. 2. The facts as are necessary for the adjudication of the present petition are outlined as follows:

a. The University of Delhi, under the auspices of the Ministry of Welfare, Government of India, decided to set up Dr.B.R.Ambedkar Biomedical Research Centre (ACBR).

b. The Petitioner, who holds the substantive post of Professor in the Department of Chemistry, University of Delhi, was made the Acting Director of ACBR by way of an additional charge which was communicated to him by the Assistant Registrar (E-NT) of the University vide letter dated 30th May, 1995.

c. The Petitioner discharged both his substantive as well as additional duties till 20th September, 1999 on which date he left on deputation to join his new posting as Vice-chancellor of Bundelkhand University, Jhansi, Uttar Pradesh.

d. In pursuance thereof, the Registrar, University of Delhi on 20th September, 1999, notified the appointment of Professor Vani Brahmachari as Acting Director of ACBR during the leave period of the Petitioner. It was, however, resolved that the Petitioner would continue to provide academic leadership to ACBR.

e. Although the deputation period of the Petitioner was scheduled to expire on 31st July, 2005, he was removed from the post of Vice-Chancellor, Bundelkhand University, Jhansi on 16th July, 2005.

f. The Petitioner resumed the duties as Professor, Department of Chemistry, University of Delhi on 18th July, 2005. The Deputy Registrar of ACBR, on the same date, issued a notification to the effect that the Petitioner had fully resumed his charge as Director of ACBR.

g. Although the University of Delhi subsequently allowed the Petitioner to resume his substantive duties as Professor in the Department of Chemistry, he was not allowed to join his duties as Acting Director, ACBR.

h. By a letter dated 19th July, 2005 addressed by the Registrar, University of Delhi to the Deputy Registrar, ACBR, the University of Delhi questioned the appointment of the Petitioner as Director, ACBR by the Registrar of ACBR.

i. Thereafter, by a resolution dated 25th July, 2005, the earlier Notification dated 18th July, 2005 issued by the Deputy Registrar of ACBR to the effect that the Petitioner had fully resumed charge as Acting Director of ACBR, was consequently withdrawn.

j. The Executive Council of the University of Delhi, on 17th October, 2005 passed the following three resolutions against the Petitioner:

1. Professor Ramesh Chandra be not allowed to hold any administrative position in Delhi University henceforth.

2. A show cause notice be issued to Professor Ramesh Chandra for - (a) suppressing information with regard to allegations on account of which he was removed from the post of Vice-chancellor of Bundelkhand University at the time of his premature return to Delhi University, and (b) unauthorisedly assuming the office of the Director, Dr.B.R.Ambedkar Centre for Biomedical Research, Delhi University for the period








































































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