KAMAL MALLA BUJARBARUAH Vs. STATE OF ASSAM AND 13 ORS
LAWS(GAU)-2018-2-42
HIGH COURT OF GAUHATI
Decided on February 21,2018

Kamal Malla Bujarbaruah Appellant
VERSUS
State Of Assam And 13 Ors Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard P.N. Goswami, learned counsel appearing for the writ petitioner. I have also heard Mr. K. N. Choudhury, learned senior counsel appearing for the respondent nos. 11 to 14 and Mr. T.J. Mahanta, learned senior counsel appearing for the respondent no. 3. Mr. D. Nath, learned Additional Senior Government Advocate, Assam, has appeared for the respondent nos. 1 and 2 whereas Mr. S.K. Goswami, learned counsel has appeared for the respondent no. 7. None appears for the other respondents.
(2.) The writ petitioner is presently serving a second term in the office of Vice- Chancellor of the Assam Agricultural University (hereinafter referred to as 'the University'). The petitioner was initially appointed as the Vice Chancellor of the University by notification dated 06/12/2008 for a period of five years. Since the term of the petitioner was coming to an end, the respondent authorities had issued a fresh advertisement on 27/05/2014 for appointment of a new Vice-Chancellor for the University. Responding to the said advertisement, the writ petitioner here-in had also applied for the post and on conclusion of the selection process, the petitioner was again selected for appointment as Vice Chancellor of the University for a second term. Accordingly, vide Government notification dated 01/08/2014, the petitioner was appointed as the Vice Chancellor of the University for a period of another five years.
(3.) It appears that on 29/12/2014, the respondent nos. 4 to 10 had submitted a written complaint before the Hon'ble Governor of Assam, who is also the Chancellor of the University, making certain allegations against the writ petitioner. The petitioner was thereafter, summoned by the Chancellor of the University for holding a discussion on the issues raised in the complaint. On 07-03-2015, the petitioner had submitted a written reply clarifying his stand in the matter. Not being satisfied with such reply, the Deputy Secretary to the Governor, Assam had issued the notification dated 18/04/2015 under Section 8 of the Assam Agricultural University Act, 1968 (as amended up-to-date), constituting a 3 (three) member Enquiry Committee so as to enquire into the allegations brought against the petitioner by the complaint dated 29/12/2014. Aggrieved by the notification dated 18/04/2015, the petitioner has approached this court assailing the legality and validity of the said notification.;


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