CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 245/2024 Reserved on: - 04.08.2025 Pronounced on: - 30.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

VIKAS BHOLA, AGED 37 YEARS, SON OF SH. O.P. BHOLA, R/0 11/3 TRIKUTA NAGAR, JAMMU.

…Applicant (Advocate: - Ms. Veenu Gupta)

Versus

1. SHRI MATA VAISHNO DEVI UNIVERSITY, KAKRIAL, P.O.

KAKRIAL DISTRICT UDHAMPUR THROUGH ITS REGISTRAR.

2.REGISTRAR, SHRI MATA VAISHNO DEVI UNIVERSITY, KAKRIAL, P.O. KAKRIAL DISTRICT UDHAMPUR

3.SH. R.N.K. BAMEZAI, SHRI MATA VAISHNO DEVI UNIVERSITY, VICE CHANCELLOR, KAKRIAL, P.O. KAKRIAL DISTRICT UDHAMPUR

4. GENDER SENSITIZATION COMMITTEE AGAINST SEXUAL HARASSMENT (GSCASH) THROUGH ITS CHAIR PERSON, SHRI MATA VAISHNO DEVI UNIVERSITY, KAKRIAL, P.O.

KAKRIAL DISTRICT UDHAMPUR

5. APPEAL COMMITTEE, GENDER SENSITIZATION COMMITTEE AGAINST SEXUAL HARASSMENT (GSCASH)

SHRI MATA VAISHNO DEVI UNIVERSITY, KAKRIAL, PO.

KAKRIAL DISTRICT UDHAMPUR

6. M. C.L. RAZDAN, EX-DIRECTOR, SCHOOL OF ARCHITECTURE & LANDSCAPE DESIGN, SMVD UNIVERSITY,UDHAMPUR

7.EXECUTIVE COUNCIL, SHRI MATA VAISHNO DEVI UNIVERSITY, KAKRIAL, P.O. KAKRIAL DISTRICT UDHAMPUR

8.DEAN, COLLEGE OF ENGINEERING, SHRI MATA VAISHNO DEVI UNIVERSITY, KAKRIAL, P.O. KAKRIAL DISTRICT UDHAMPUR ….Respondents (Advocate:- Mr. A.P. Singh, ld. counsel for SMVD University)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 2678/2012 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/245/2024 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) An appropriate writ, order or direction in the nature of writ of certiorari quashing office order No. SMVDU/Adm./12/380-387 dated 12-12-2012 issued by the respondent no.1 and 2 together with the decision of Executive Council taken in its 18th meeting held on 01.09.2012 whereby the petitioner has been removed from the services of University, being totally illegal, unconstitutional and contrary to the provisions of the SMVD University Statute.

b) An appropriate writ, order or direction in the nature of writ of certiorari quashing all the proceedings conducted by the respondent no.5 on the appeal preferred by the petitioner being totally illegal, arbitrary and unconstitutional and have been conducted in sheer contravention to the well-settled principles of law.

c) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to reinstate the petitioner back into service as Lecturer and grant him all the consequential benefits.

d) Any other relief, which this Hon'ble court, in the facts and circumstances of the case deem fit and proper.”

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP No.

2678/2012, which stood transferred from the Hon’ble High Court of Jammu & Kashmir and registered as T.A. No. 245/2024 before this Tribunal. The applicant, Vikas Bhola, was appointed as Lecturer in the School of Architecture and Landscape Design of Shri Mata Vaishno Devi University (SMVDU) vide order dated 19.04.2006 after undergoing a duly conducted selection process.

b) The applicant asserts that during the course of his service, he earned appreciation and professional recognition within the University owing to his academic performance and dedication. According to him, such professional progress generated hostility and animosity, particularly on the part of respondent no. 6, the then Director of the School of Architecture and Landscape Design, who allegedly nurtured personal bias and professional rivalry against the applicant.

c) It is the applicant’s consistent case that respondent no. 6, motivated by malafides and personal interest, orchestrated the lodging of a false and fabricated complaint of sexual and mental harassment against him through a st