ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition has been filed on behalf of the petitioner seeking the following reliefs:

“(i) issue an appropriate writ or order to aside the impugned order dated 11.10.2023 in placing the petitioner in suspension in contemplation of enquiry;

(ii) pass any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case”

2. The relevant facts necessary for the adjudication of the instant petition are as follows: Signature Not Verified Digitally Signed By:SARIKWA .P.(C) 14521/2023 Page 1 of 14 a) The petitioner is an ex-serviceman, appointed as a Sanitary Inspector in the Estate Branch of the respondent university vide office order dated 27th September 2009.

b) The administration of the respondent university, vide office order dated 13th July 2022, transferred the petitioner from Sanitary Inspector, Estate Branch to Inter-Hall Administration (hereinafter “IHA”), and the other Sanitary Inspector who was posted in IHA was transferred to the Estate Branch.

c) Subsequently, the petitioner handed over his charges in Sanitation Cell (Estate Branch) on 8th August 2022, and joined the IHA on the same day. The petitioner was not given the charge of IHA Hostels since earlier the Sanitary Inspector had not handed over his charges.

d) Thereafter, the respondent university vide letter dated 22nd August

2022, posted the petitioner at a different rank i.e., „office in-charge of any hostel‟. It has been stated that the said letter has been challenged by the present petitioner in writ petition bearing W.P (C) no. 13832/2023 before the Coordinate Bench of this Court, and the same is pending for adjudication.

e) Pursuant to the above, on 11th October 2023, the respondent university issued an order, thereby, suspending the petitioner in contemplation of enquiry under Rule 51 of the Jawaharlal Nehru University Rules (hereinafter referred to as “the Rules”), which governs the terms and conditions of services of non-teaching staff of the University, and also constituted a disciplinary committee vide notification dated 11th Signature Not Verified Digitally Signed By:SARIKWA .P.(C) 14521/2023 Page 2 of 14 October 2023.

f) Being aggrieved by the order dated 11th October 2023, whereby, the petitioner was placed under suspension, the petitioner has approached this Court under its writ jurisdiction seeking setting aside of the impugned order.

3. Learned counsel appearing on behalf of the petitioner submitted that the impugned order is bad in law as the same is violative of the principles of natural justice, and the said impugned order impugns the petitioner‟s fundamental and legal rights.

4. It is submitted that the impugned order by virtue of which the petitioner has been placed under suspension does not disclose a prima facie case of misconduct and in the absence of such prima facie view, the said suspension order is arbitrary and illegal in nature.

5. It is submitted that there is a gross abuse of power on behalf of the respondent university since it has passed the said order in a routine manner and the respondent has failed to assign any reasons behind such action.

Moreover, no opportunity of being heard was provided to the petitioner.

6. It is submitted that although Rule 51 of the Jawaharlal Nehru University Rules governing the terms and conditions of services of Non- Teaching Staff of the University; prescribes that there may be suspension of an employee in contemplation of an enquiry; even so, it would not mean that the suspension is automatic in every case.

7. It is submitted that there is no consideration of the gravity of the alleged misconduct, or the nature of the allegations imputed to the Signature Not Verified Digitally Signed By:SARIKWA .P.(C) 14521/2023 Page 3 of 14 delinquent petitioner and therefore, the impugned order is illegal.

8. It is submitted that the impugned order of suspension of the petitioner in contemplation of enquiry without any substantial