The power of interim suspension of a teacher pending an inquiry is specifically provided by the rules and the Vice-Chancellor has the power to suspend a teacher under section 12(5) of the Jodhpur University Act in an emergency.

1. - This is an unfortunate litigation. I say unfortunate because it concerns the University. To an average citizen, University is a place of quite contentment, with persons deeply involved in study & research of truth and permanent values. Whenever therefore this picture gets blurred, irrespective of who is at fault, the loss is of the Society and the future citizens. But as the matter has come to this Court, the unhappy task of deciding the controversy by the mundane touch stone of legal technique has to be gone into one can only hope and expect that such occasions will be rare indeed.

2. Petitioner is a Professor and Head of Department of Mining Engineering, in the Faculty of Engineering Department in the University of jodhpur.

3. By this petition under Article 226 of the Constitution, he challenges the impugned resolution No. 39 dated 10.3.76 of the Syndicate, University of jodhpur by which it was resolved to hold an inquiry against the petitioner. It also challenges the impugned order dated 28.3.76 of suspension of the petitioner made by the respondent No. 2, Vice Chancellor of the University of jodhpur.

4. It appears that certain complaints were made against the Mining Engineering Department and the Syndicate by its resolution on 24/25 273 decided that a Committee of inquiry consisting of two persons be constituted to inquire into the working of the Mining Engineering Department and also make recommendations to ensure its proper functioning. In persuance thereof Committee was appointed headed by then Justice Mr. C.B. Bhargawa, a Judge of this Court. A report was submitted by it on 7-11-73. This report came up for consideration before the meeting of the Syndicate on 29.12.73. It is relevant to point out that at that time Dr. P.N. Masaldan was Vice Chancellor of the Jodhpur University. Having considered the report of the Committee the Syndicate decided that the Vice-Chancellor is authorised to frame charges and place them before special meeting of the Syndicate for full consideration. It appears that for something over a period of two years charges were not framed and the matter only came up before the Syndicate at it impugned meeting held on 10.3.76 wherein the Syndicate considered the charges which had been framed by the Vice-Chancellor in pursuance of its earlier resolution No. 255 of 29.12.73 and resolved that the charges framed by the Vice Chancellor be communicated to the petitioner and further authorised the Vice Chancellor to appoint a Committee and to nominate a Chairman of the Committee as provided by the clause (3) of Schedule II to Appendix-B (Ordinance 320) (form of Agreement for Service for University Teachers) to investigate the matter and directed that the Committee will submit its report to the Syndicate. In pursuance of the above decision of the Syndicate the Vice Chancellor appointed a Committee a consisting of three persons and an office order of 25.3.76 was issued to that effect. On 28.3.76 the Vice Chancellor in exercise of powers vested in him under section 12(5) of the Jodhpur University Act (hereinafter to be called 'the Act') placed the petitioner under suspension pending an inquery. He also directed that the petitioner will be entitled to 50% of his basic pay plus such D.A. as is admissible on the amount during the period of suspension, as subsistence allowance.

5. A meeting of the Syndicate was held on April 17, 1976. Amongst others Items, item No. 9 and 10 of the agenda were as follows :

"Items No. 9 and 10 of the Actions Taken by the Vice-Chancellor.

9. With reference to the Syndicate Resolution No. 39 dated March 10, 1976 the Vice Chancellor has appointed the Committee on March 25, 1976 consisting of the following to investigate into the case of Prof R. Bbadada, Head, Mining Engineering Department and nominated Prof. M.C. Joshi as its Chairman ;-