Pradeep Kant, J. - (1.) Heard the learned counsel for the petitioner Dr. L. P. Misra, learned counsel for the University and Sri Devendra Arora, learned Additional Chief Standing Counsel for the State.
(2.) The petitioner, who is presently posted as Registrar, Mahatma Jyotiba Phule Rohilkhand University, Bareilly, being aggrieved by an order of suspension dated 2nd November, 2002, has approached this Court under Article 226 of the Constitution.
(3.) The first submission of the learned counsel for the petitioner is that in view of Rule 36 of the U. P. State Universities (Centralised) Service Rules, 1975 (hereinafter referred to as Centralised Service Rules), the petitioner could not be placed under suspension, as these Rules do not vest any power with the State Government to suspend a member of the Centralised Service. U. P. State Universities (Centralised) Service Rules, 1975, have been enacted by the Governor under the powers conferred by Sub-section (1) of Section 17 of the U, P. State Universities Act, 1973. as re-enacted and amended by U. P. Universities (Re-enactment and Amendment) Act, 1974. These Rules have been framed for creation of a separate service of the Registrars, Deputy Registrars and Assistant Registrars, common to all the Universities to which the aforesaid Act applies, and for regulating the recruitment to and conditions of service of persons appointed to any such service. Rule 3 of the Centralised Service Rules provides for creation of Centralised Service of Registrars, Deputy Registrars and Assistant Registrars. Besides, these Rules prescribe for various matters in relation to the recruitment, qualification, reservation, confirmation, seniority and other conditions of service. Rule 36 deals with the disciplinary proceedings, which reads as under : "36. Disciplinary proceedings. -- (1) Subject to such modifications as the State Government may make from time to time, and subject to the provisions of sub-rules (2) to (9), the rules relating to disciplinary proceedings, appeals and representations against punishment, applicable to the employees of the State Government shall mutatis mutandis apply to the members of the Centralised Service. (2) The power to start disciplinary proceedings and to impose : (a) the punishment of dismissal or removal from service or reduction in rank on the members of the Centralised Service shall vest in the State Government ; and (b) other punishments shall vest in the Vice-Chancellor of the University in which the member of such service is for the time being posted : Provided that it shall be necessary to consult the Commission before passing an order imposing any of the punishments referred to in Clause (a), (3) Where disciplinary proceedings against a member of the Centralised Service have been started in accordance with the provisions of Sub-rule (2) : (a) by the Vice-Chancellor and after the completion of inquiry, he comes to a provisional conclusion that a punishment, referred to in Clause (a) of Sub-rule (2) is called for, he shall refer the case along with his findings and recommendations to the State Government for orders ; (b) by the State Government and, during or after the completion of enquiry, it comes to a provisional conclusion that a punishment to which Clause (b) of Sub-rule (2) applies is called for, it shall refer the case to the Vice-Chancellor who shall pass such orders as he deems fit, and shall send a report of the action taken to the State Government. (4) Notwithstanding anything contained in Sub-rules (1) to (3), the State Government may direct the Vice-Chancellor of a University in which any member of the Centralised Services is for the time being posted to start disciplinary proceedings against him and to inform it of the result thereof or, as the case may be, refer the case to the State Government for its final orders under Clause (a) of Sub-rule (3). (5) Where the Vice-Chancellor of any University wants to start disciplinary proceeding against a member of the Centralised Service, who has been transferred to some other University, he shall submit a report to the State Government to that effect, and thereupon, the State Government may: (i) itself proceed in accordance with Clause (a) of Sub-rule (2) ; or (it) direct the Vice-Chancellor of the first-mentioned University to start and conclude the inquiry in accordance with Clause (b) of the said sub-rule or, as the case may be, refer the case to the State Government for its final order under Clause (a) of Sub-rule (3) ; or (iii) direct the Vice-Chancellor of the University in which such member is for the time being posted to start and conclude the inquiry against such member and inform the State Government of the result thereof or, as the case may be, refer the case to the State Government for its final order under Clause (a) of Sub-rule (3). (6) Where the Vice-Chancellor of a University is competent to start disciplinary proceedings under this rule, he may hold the inquiry himself or may appoint any other officer of the University for the purpose. (7) The State Government may, at any stage, transfer any proceedings under this rule from one officer to another officer in the same University, or from the Vice-Chancellor of one University to the Vice-Chancellor of any other University, and, unless any direction is issued to the contrary, the officer or the Vice-Chancellor to whom such proceedings are transferred shall continue the proceedings from the stage at which it was so transferred. (8) During the course of inquiry under this rule, the Vice-Chancellor or the officer appointed by him as inquiry officer under Sub-rule (6) may exercise all the powers of the inquiring authority under the Uttar Pradesh Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act. 1976. (9) Notwithstanding anything contained in these rules, it shall be lawful for the State Government to direct that the disciplinary proceedings against any member of the Centralised Service may be started in respect of any act or omission relating to the period before the date of his absorption in such service under Rule 7 and thereupon the provisions of Sub-rules (1) to (8) shall mutatis mutandis apply.";