Disciplinary proceedings initiated by the lending authority post-repatriation are valid; a charge-sheet cannot be challenged unless issued by an authority lacking jurisdiction.

ORDER :

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

“…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the impugned Article of Charges vide Memo NO.NITW/BoG/Disc./ID- 471/2023/3387, dated 24.1.2023 NIT Warangal issued by the 2nd respondent for holding inquiry against the Petitioner &Consequent appointment of Inquiring Authority in Lr.No.IO/CSPR/02, dt. 1^st October, 2024 as wholly illegal, arbitrary and violative of Articles 14, 16 & 21 of the Constitution of India apart from being violative of principles of natural justice and consequently setaside the 2^nd respondent’s Article of Charges vide Memo NO.NITW/BoG/Disc./ID- 471/2023/3387, dated 24.1.2023 NIT Warangal & Consequent appointment of Inquiring Authority in Lr.No.IO/CSPR/01, dt. 1^st October, 2024 and pass…”

2. The brief facts of the case are as follows:

2.1 The petitioner was appointed as a Lecturer in Mechanical Engineering in the Regional Engineering College at Warangal (re- structured as National Institute of Technology (NIT) Warangal in 2002) on 19.03.1990, and was elevated as Associate Professor on 04.01.2003 and Professor on 26.10.2006. While working as such, in pursuance of the Notification issued by the NIT, Andhra Pradesh, the petitioner was appointed as Director on a contractual basis for a period of five years vide MHRD letter dated 12.03.2018. Accepting the said offer letter, the petitioner requested to relieve him from NIT, Warangal, on 14.03.2018, and subsequently, he has given an undertaking/affidavit of joining as Director, NIT, A.P., on deputation basis, on 19.03.2018.

2.2. While the matter stood thus, the ACB officials registered two cases against the petitioner vide FIR.No.RC0362022A0011 and RC0362022A0012, both dated 16.02.2022, for the offences punishable under Sections 409, 420 and 120(B) of the Indian Penal Code and 13(2) read with 13(1)(a) of the Prevention of Corruption Act, 1988, and Sections 7, 7A and 8 of the Prevention of Corruption Act, 1988, respectively. Consequently, the petitioner was placed under suspension by the borrowing Institution i.e., NIT, A.P. vide order dated 30.03.2022. Thereafter, a One-Man Committee was constituted by the Visitor, which submitted its report on 02.08.2022. Thereafter, the petitioner’s suspension was revoked on 22.09.2022, and on 23.09.2022, his services as Director of NIT, A.P., were terminated by the Visitor, directing the petitioner to report at this parent Institution.

2.3 Assailing the said order dated 23.09.2022, the petitioner filed W.P.No.31659 of 2022 before the High Court of Andhra Pradesh at Amaravati, wherein, the High Court has granted interim suspension of suspension order vide order dated 18.10.2022 in I.A.No.1 of 2022 therein. Subsequently, on 23.11.2022, the High Court has issued a clarification to the interim order dated 18.10.2022, in I.A.No.2 of 2022, to the extent that the respondents would be at liberty to initiate any disciplinary proceedings without giving effect to the impugned order therein. As such, in supersession of the order dated 23.09.2022, the Visitor issued a revised termination order dated 06.12.2022, as per Clause-13 of the Contract of Service. Challenging the same, the petitioner filed yet another writ petition vide W.P.No.39669 of 2022, and the High Court of Andhra Pradesh disposed of both the writ petitions vide common order dated 08.12.2022, directing the respondents to treat the services of the petitioner from 23.09.2022 to 06.12.2022 as valid with all consequential benefits.

2.4 Thereafter, on 12.12.2022, the petitioner was relieved from the services at NIT, A.P., with instructions to report at his parent Institution i.e., NIT, Warangal, and in compliance of the same, on 14.12.2022, the petitioner reported to duty at NIT, Warangal. While so, the petitioner has been placed under suspension vide order dated 27.03.2023, in view of the