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2021 Supreme(Del) 2428

IN THE HIGH COURT OF DELHI
Jyoti Singh, J.
Adya Prasad Pandey - Appellant
Versus
Union of India - Respondent
W.P.(C) 4031 of 2020 & CM Appl. 14450 of 2020
Decided On : 09-04-2021

Headnote:(A) Manipur University Act, 2005 - Inquiry and Dismissal of Vice-Chancellor - The Petitioner was dismissed on 21.02.2020 without due process; Inquiry Committee findings were supported by evidence; the dismissal was for misconduct including dereliction of duties and administrative irregularities. (Paras 63, 64)

(B) Natural Justice - The Petitioner was not provided adequate opportunity to defend; it was contested he received no notice, however, evidence indicated he was aware of proceedings; principles of natural justice were compromised. (Paras 36, 42, 64)

(C) Principle of Preponderance of Probabilities - Evidence is required only to support charges, not beyond reasonable doubt in inquiries; sufficient material was available for the Inquiry Committee to substantiate findings against the Petitioner. (Paras 62, 63)

Facts of the case:
The Petitioner was dismissed from his post as Vice-Chancellor of Manipur University after charges of administrative and financial irregularities were brought against him. He challenged the dismissal, arguing violations of natural justice.

Findings of Court:
The Inquiry Committee substantiated most allegations against the Petitioner based on testimonies and records; dismissal upheld as justified given the evidence of misconduct.

Issues: The main issues were adherence to principles of natural justice, adequacy of opportunity to defend, and the validity of findings against the Petitioner based on the evidence presented.

Ratio Decidendi: Dismissal upheld despite claims of lack of notice, as the Inquiry was deemed fair; the evidence justified findings; procedural lapses were outweighed by the serious nature of the charges.

Result: Writ petition dismissed.

Table of Content
1. challenge to dismissal of vice-chancellor (Para 1)
2. factual background of vice-chancellor's tenure (Para 2 , 3 , 4 , 5 , 6 , 8)
3. arguments regarding procedural violations in inquiry (Para 12 , 13 , 14 , 15 , 16 , 18 , 19 , 20)
4. defense on credibility and competency of inquiry committee (Para 21 , 22 , 24 , 25 , 26)
5. judicial standards on administrative inquiry procedures (Para 28 , 29)
6. court's evaluation of inquiry and opportunities provided (Para 33 , 36 , 41 , 42)
7. ongoing administrative crises in the university (Para 34)
8. findings and their implication in the context of natural justice (Para 46 , 50 , 52 , 62)
9. judgment and dismissal of the petition (Para 64)

JUDGMENT

1. Present petition has been filed challenging the order dated 21.02.2020 whereby Petitioner has been dismissed from the post of Vice-Chancellor, Manipur University. A direction is also sought in the nature of mandamus to the Respondents to restore the appointment of the Petitioner to the said post to enable him to complete his remaining tenure, with consequential benefits, as well as for quashing the advertisement dated 16.03.2020, published for fresh appointment of Vice-Chancellor of the said University.

2. The narrative of facts in brief and necessary for adjudication of the present petition is that the Petitioner with Masters and Ph.D. Degrees in Economics and Masters in Business Administration, while working as Professor and Head, Department of Economics, Banaras Hindu University, was appointed as Vice-Chancellor of the Manipur University (hereinafter referred to as `University'), on 25.10.2016, by the President of India, in his capacity as the Visitor of the University, for a period of 5 years. As per the Petitioner, he had several accomplishments and laurels to his credit and by his efforts and hard work had taken the University to the next level, both in terms of development and reputation, the details of which have been enumerated in the petition.

3. Petitioner avers that the Campus of the University was constantly under threat and interference by anti-social elements, including militants and some of the erstwhile Vice-Chancellors were compelled to resign from their jobs, as they did not fulfill the illegal demands of the militants. In fact an erstwhile Vice-Chancellor was abducted and kept captive for a few days. Agitations, strikes, lockdowns etc. initiated and instigated by certain persons associated with Manipur University Students' Union (hereinafter referred to as the `MUSU'), Manipur University Teachers' Association (hereinafter referred to as the `MUTA') and Manipur University Staff Association (hereinafter referred to as the `MUSA') were a norm and routine in the Campus. Petitioner made strident efforts to streamline the functioning of the University, more particularly the Tender processes, which was disliked by the Unions and the anti-social elements, who had vested interest in the functioning of the University.

4. It is averred that the trigger to the dismissal order of the Petitioner was a police complaint, made by the Petitioner on 14.02.2018, as a consequence of extortion letter received by the Petitioner from a militant group demanding a sum of Rs.5 Crores, leading to registration of FIR on 01.03.2018. This naturally infuriated the militant groups as also the Students' and the Teachers' Unions leading to agitations in the Campus. Administrative buildings were locked and a large part of the sports office was burnt to ground. This also led to false complaints being filed against the Petitioner alleging administrative and financial irregularities and to assuage the agitators, Respondent No.2 constituted a Two-Member Fact Finding Committee to enquire into the allegations. Constitution of the Committee was objected to by the agitators on the ground of lack of members from the North-East region, resulting in re-constitution of the Committee, by addition of former Acting Chief Justice of the Meghalaya High Court,

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