IMPORTANT POINT
The Director of an NIT cannot impose disciplinary actions without explicit delegation of authority from the Board of Governors, violating principles of natural justice.

ORDER :

1. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“........issue a Wirt or order preferably in the nature of Writ of Mandamus and after calling for records pertaining to the impugned Proceedings/Order Order No. NITW/BOG/59/2023/155 dated 17-4-23 passed by 1st Respondent declare the same as illegal, arbitrary, contrary to law and without power or jurisdiction and unconstitutional and consequently quash the same as such and consequently declare the very Charge Memo No NITW/DIR/GBS/2020/79/306 dated 24-6-20 issued by the 2nd Respondent as illegal, without power or jurisdiction, and contrary to Sec.17 sub Section 17 of the First Statutes of the National Institutions of Technology Act as till date no disciplinary powers as contemplated above was decided by the Board of the governors of the NIT Warangal and consequently quash the same as such and consequently quash the illegal punishment orders of Compulsory Retirement imposed by the 2nd Respondent vide Memorandum No NITW/DIR/GBS/2735 dated 13-10-2022, as contrary to law and unconstitutional and wholly without power or jurisdiction, and consequently quash the same as such and consequently quash all the impugned orders issued by 1st and 2nd Respondents as illegal, arbitrary, contrary to law and unconstitutional and consequently quash the same as such and consequently declare that the petitioner is entitled to be reinstated into service with all consequential benefits like, continuity of service, arrears of pay and salary, seniority and promotion and to pass......”

2. Heard Dr. K. Lakshmi Narasimha, learned counsel appearing for the petitioner, Sri T. Mahender Rao, learned Standing Counsel for National Institute of Technology, appearing for respondent Nos. 1 and 2 and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing for respondent No. 3.

3. Learned counsel appearing for the petitioner submits that while the petitioner was working as a Senior Assistant in the respondent Institution, a charge memo was issued to him on 24.06.2020, containing certain allegations against the petitioner. As per Section 17(4) of the National Institutes of Technology Act, 2012, the power to handle such matters is vested on the Board of Governors. Therefore, respondent No. 2 lacks the jurisdiction to initiate any disciplinary action, much less, to impose any punishments. Further, according to the petitioner’s knowledge, respondent No. 2 was not empowered with such authority, and no notification to that effect was ever issued or published. As a result, the very issuance of the charge memo itself is deemed illegal as respondent No. 2 acted beyond his power or jurisdiction.

4. He further submits that the petitioner submitted his explanation to the charge memo, denying all the charges. However, without examining the said explanation, respondent No. 2 promptly ordered an enquiry, indicating the biased behavior of the Management and inimical attitude of the Director as well as the Registrar toward the petitioner, who is a whistleblower. Further, only two out of the six charges framed against the petitioner, namely Articles I and III, were held proved by the Enquiry Officer and the said charges were not based on any complaint but solely on a fictitious confidential report submitted by one Mr. Neelakanteswar Rao. The witnesses examined by the NIT also contradicted the allegations, claiming that the confidential report of Mr. Neelakanteswar Rao’s imagination. Thus, the entire enquiry is deemed as a sham process, instigated due to the biased attitudes of the respondents and the Registrar concerned. Further, based on the enquiry report dated 12.08.2022, respondent No. 2 imposed the punishment of compulsory retirement from service vide proceedings No. NITW/Viz./GBS/2020/2 dated 13.10.2022, and the same is contrary to the NIT Rules and also in violation of the principles of natural justice. Moreover, the imposition of the said punish