- (1.) VINEET Saran, J. Heard Sri A. N. Tripathi, learned counsel appearing for the petitioner and Sri P. S. Baghel, learned counsel for the respondent-University.
(2.) BY means of this writ petition the petitioner has challenged the order dated 27-4-2002 passed by the Registrar of the University whereby the services of the petitioner have been terminated. A further prayer has been made for a direction to the respondents to treat the petitioner in continuous service and accord him all benefits in accordance with law. The facts giving rise to this writ petition are that the petitioner was a senior stenographer in the office of Registrar of the Allahabad University. On 15-6-2001, the petitioner left the office after signing the attendance register. At about 3. 00 p. m. in the day, during office hours, the Proctor of the University received a telephonic call from Superintendent of Police (City) Allahabad that one person had been caught along with a girl student in a hotel room. Since the said person claimed to be an employee of the University, the Proctor of the University was asked to reach the spot and identify the person. Accordingly, the Proctor, accompanied by the Registrar of the University, went to the Police Station and identified the said person to be Pramod Kumar Misra, the petitioner herein. On the same date the petitioner as well as the girl (who was found to be a student who had appeared in the Entrance examination of PGAT 2001) both had tendered written apologies in their own hand-writing, copy of which is on record of this writ petition. Immediately on the next date i. e. 16-6-2001 the Registrar of the University suspended the petitioner on two simple charges. Firstly that the petitioner was in the habit of absenting himself from the office after signing the attendance register; and secondly that he did not work in the office and remained outside during office hours.
(3.) THEREAFTER on 26-6-2001 the Vice Chancellor of the University constituted an enquiry committee comprising of an ex-District Judge Sri Prahlad Narain as its Chairman and Dr. (Ms.) S. Govindi as a member. After making preliminary enquiry, the Enquiry Committee submitted a comprehensive charge sheet on 5-12-2001 framing two specific charges. Firstly, that on 15-6-2001 the petitioner signed the attendance register and thereafter left the campus of the University; and secondly that on the same day i. e. on 15-6-2001, during office hours, the petitioner was found in the local 'green Hotel' along with a PGAT 2001 Entrance girl student from where the petitioner was brought to Civil Lines Police Station, and was later on at about 3. 00 p. m. identified by the then Proctor of the University Prof. Matamber Tiwari as also the then Registrar Sri S. N. Tripathi. Alongwith the charge sheet the documents relied upon in support of the said charges had been mentioned as well as the names of the witnesses who were to be produced by the University. The petitioner was thereafter given full opportunity to participate in enquiry proceedings, which he did with the assistance of a colleague as well as his lawyer. The petitioner also submitted his reply to the charges. His lawyer also cross-examined the witnesses. All documents in support of the charges were supplied to the petitioner. It is note-worthy that despite opportunity having been given to the petitioner, he did not adduce any evidence nor did he examine any witness. He himself did not have the courage to appear as a witness to refute the charges levelled against him.;