The dismissal of a Vice-Chancellor, following allegations and inquiry proceedings upheld by the court, reinforces that procedural safeguards were followed and Article 311 protections do not apply to non-civil post holders.

JUDGMENT

Amit Bansal, J. The present intra Court appeal under Clause 10 of the Letters Patent Act has been filed impugning the judgment dated 9th April, 2021 passed in W.P. (C) No. 4031/2020 whereby the Ld. Single Judge of this Court has dismissed the writ petition filed by the petitioner/appellant herein, inter alia seeking (i) quashing of the order dated 21st February, 2020 passed by the respondent no. 1 of dismissal of the appellant from the post of Vice-Chancellor, Manipur University; (ii) quashing of advertisement dated 16th March, 2020 published for fresh appointment of Vice Chancellor of the Manipur University; (iii) direction to restore the appellant to the post of Vice Chancellor of Manipur University.

2. Brief facts giving rise to this appeal are as follows-

(i) The appellant was appointed as Vice Chancellor of Manipur University on 25th October, 2016 for a period of 5 years.

(ii) On 20th January, 2018, the appellant claimed that he received an extortion letter demanding Rs.5 crores, upon receipt of which an FIR dated 1st March, 2018 was registered with the Manipur Police.

(iii) Consequent to an intensive agitation against the appellant led by groups like Manipur University Staff Association (MUSA), Manipur University Students' Union (MUSU) & Manipur University Teachers' Association (MUTA), a two-member Fact Finding committee was constituted by way of a Notification dated 12th July, 2018 by the respondent no. 2 to enquire into allegations against appellant of gross financial and administrative irregularities in the management of the affairs of the university.

(iv) A Memorandum of Agreement (MOA) was signed between the agitating groups and the Joint Secretary, MHRD, Government of India on 16th August, 2018 on seven points, inter alia including, that the appellant would remain on leave for the period of the inquiry and the Registrar of the University shall be the Nodal Officer of the Inquiry Committee. Subsequently, the respondent no. 2, on 17th August, 2018, constituted an Inquiry Committee comprising of former Acting Chief Justice of the High Court of Meghalaya, as Chairperson and Professor M.K. Choudhary, former Vice Chancellor, Tezpur University, as Member.

(v) `Terms of Reference of Inquiry', contained 18 allegations enumerated below:

"1. That, the present Vice Chancellor of Manipur University with the exception in the annals of Vice Chancellor, has a bizarre habit of remaining away from the university for long periods. Most of his visits outside the state are largely unofficial tours. To the utmost shock he never informs his office the date of his arrival for those regular unofficial tours. This amounts disgrace to the office he holds.

2. That, he intentionally violates the University Act, MU Act 2005 section 22, which makes mandatory for a "Court Meeting" to assess current financial years performance and which further prepares annual objectives for the succeeding year. In the absence of any such meeting the university has failed to assess as well as to set objectives for the succeeding annual period. It is highly important to highlight here that the failure to conduct the "Court 13 Meeting", the Vice Chancellor of Manipur University has forfeited the noble idea of check and balance behind the very conduct of the meeting and gives him large avenue for manipulating the programs and huge sanctioned amounts to meet his selfish and ulterior motives.

3. That, the present Vice Cha