By the Court.—We have heard Shri R.N. Singh assisted by Shri Saroj Yadav for the petitioner. Shri B.D. Mandhyan assisted by Shri Satish Mandhyan appear for the respondents-University.

2. The petitioner is aggrieved by the order of his suspension dated 21.10.2010, passed by the Vice Chancellor of the University and the minutes of the meeting of the Executive Council dated 15.10.2010. He has also prayed for consequential reliefs.

3. The petitioner is serving as a Professor and Head of Department of Geography in Deen Dayal Upadhyay Gorakhpur University, Gorakhpur. While he was discharging duties of Registrar of the University in officiating capacity in absence of regular Registrar he was appointed as Nodal Officer, for conducting Joint Entrance Examination of B.Ed 2010-11 and was thereafter appointed as State Coordinator of the Joint Entrance Examination to be conducted by the Lucknow University for B.Ed Examination 2010-11. On 2.6.2010 he handed over charge of the Registrar to Shri A.M. Ansari, Deputy Registrar. The State Coordinator, Joint Entrance Examination B.Ed 2010 on 7.6.2010 permitted him to continue as Nodal Officer.

4. The successful students in the Joint Entrance Examination B.Ed 2010 were called for appearing in the counselling to be held on 3.8.2010 onwards. About 7719 students appeared in the counselling and were provided confirmation letters after due verification of their certificates and testimonials for admission. The successful candidates were required to deposit counselling fees of Rs. 500/- and part payment of tuition fees of Rs. 5000/- by demand draft.

5. At that time Shri P.K. Mahanti, Divisional Commissioner, Gorakhpur Division was Vice Chancellor of the University. He was again appointed as officiating Vice Chancellor since 16.8.2010.

6. On 8.10.2010, a holiday in the University the petitioner was called by the Personal Assistant of Shri P.K. Mahanti at his residence. The petitioner visited with his two sons, who are also working as Lecturers in the Colleges.

7. It is alleged that on reaching the residence of the Commissioner, the petitioner met with an exemplary unpleasant and harsh behaviour, accusing him for the bribe from the students for issuance of confirmation letters. Shri Mahanti called two girl students, who were already waiting inside the house. On his instructions the two girls students alleged that they had paid bribe of Rs. 500/- each to the petitioner for issuing confirmation letters. Shri Mahanti directed the petitioner to forthwith pay Rs. 500/- each to the girl students. In paragraph-27 of the writ petition, it is stated that the petitioner protested and denied the allegation. The infuriated Shri Mahanti started shouting at the petitioner. The petitioner is a heart patient; started feeling uncomfortable and seeing his plight, his son took out Rs. 1000/- from his pocket and attempted to hand it over to Shri Mahanti. The petitioner’s son was insisted to pay the amount to the girls. The atmosphere became hostile and to the shock and disbelief of the petitioner, certain photographers and members of media came out from inside his house and started taking photographs. Shri Neeraj Shahi-a student leader came out from within the house of Shri Mahanti. The incident was reported in daily newspapers alleging that the petitioner had taken Rs. 500/- from each student as bribe for handing over confirmation letter.

8. A first information report in Case Crime No. 2078 of 2010 under Section 7/13 (1) Prevention of Corruption Act by lodged by Shri Ajai Kumar Kushwaha, a student made to pay the bribe. In Criminal Misc. Writ Petition No. 19507 of 2010 the petitioner’s arrest has been stayed vide order dated 21.10.2010, with notices to Shri P.K. Mahanti and Shri Neeraj Shahi.

9. It is submitted by Shri R.N. Singh that Shri P.K. Mahanti is officiating as Vice Chancellor of the University. He called upon an emergent meeting of the Executive Council on 15.10.2010 in which a decision to suspend the petitioner wa