- (1.) THIS is a petition under Article 226 of the Constitution of India.
(2.) THE petitioner Dr. S. S. Ahluwalia is the Director, Training and Placement, Bureau in the G. B. Pant University of Agriculture and Technology, Pant Nagar, district Nainital. Initially, the petitioner was appointed as an Associate Professor in the University THEreafter, he was appointed as Dean of the Students' welfare in the University. Subsequently, he was appointed on the post he is holding at present. While the petitioner was working as Dean of Students' Welfare, certain charges were levelled against the petitioner in pursuance of a communication issued by the Secretary, Ministry of Agriculture, Uttar Pradesh, vide its letter dated 24 August, 1983. In this letter, the Secretary had specifically mentioned that no evidence had been found against the petitioner of having taken bribe, but certain irregularities had been committed by him during the course of his functioning as Dean of Students' Welfare and, consequently, it was necessary to hold an enquiry against the petitioner. An enquiry was held against the petitioner and a report dated 24th March, 1987, was submitted by the Enquiry Officer. After this report was submitted, on 18th August, 1988, the Vice Chancellor of the University issued a show cause notice to the petitioner asking him to show cause within a period of three weeks from the date of receipt of the notice as to why he be not awarded a major punishment, including termination of his services. In this letter, the Vice Chancellor specifically stated as under "(i) Charges Nos. 1, 2, 3, 4 and 6 stand proved. (ii) Charge No. 5 partially Stand proved and partially given benefit of doubt. (iii) Charge No. 7 given benefit of doubt."
(3.) THE petitioner replied to the show cause notice on 5th September, 1988. THEreafter, on 28th December, 1988 the Vice Chancellor communicated to the petitioner that the Board of Management in its meeting held on 21st December, 1988, has resolved that he be dismissed from University's services with immediate effect. It is this order dated 28th December, 1988, which has been challenged by the petitioner by means of the present petition. The present petition was filed in this court on 2Sth January, 1989. A Division Bench of this Court directed the University to file a reply within three weeks and three weeks' time thereafter was granted to the petitioner to file a rejoinder affidavit. The Court further observed that after the counter and the rejoinder affidavits have been exchanged, the entire matter shall be disposed of on merits. In the circumstances, we are disposing of this petition on merits finally.;