- (1.) The petitioner Giriraj Kishore was appointed Registrar, Indian Institute of Technology, Kanpur on Dec, 1, 1975. On 28th Mar., 1977 he was confirmed with effect from the date of appointment. Charge-sheet was served on him on 28th Feb., 1979. Preliminary reply was given by the petitioner on Mar. 1, 1979. R. K. Bawajaa retired member of Judicial Service was appointed Enquiry Officer to conduct the enquiry. Detailed explanation was submitted by the petitioner on June, 17, 1979. Evidence was recorded on both sides and oral submissions made. The enquiry officer submitted his report dated 27th Dec. 1979. A show cause notice was given to the petitioner on 17th Oct., 1981. To this the petitioner replied on 10th Dec, 1981. The Board of Governors resolved to remove the petitioner from the post of the Registrar and order was issued accordingly on April 16, 1982. On compassionate ground, however, the Board offered the appointment to the petitioner on the post of Officer on Special Duty in the same pay scale. Aggrieved against the removal from the office of the Registrar, the petitioner has approached this Court under Art. 226 of the Constitution seeking that the order dated 16th April, 1982 be quashed and mandamus issued.
(2.) Before proceeding to consider the points at issue, it is relevant to refer to a few more facts. The Indian Institute of Technology, Kanpur (hereinafter referred as the Institute) is a body corporate having perpetual succession and a common seal created under the Institutes of Technology Act, 1961 (Central Act 59 of 1961). The Institute consists of Chairman, a Director and other members of the Board (S. 4(2) ). The President of India is the Visitor of the Institute. The Board of Governors consists of the Chairman to be nominated by the visitor, the Director (ex-officio), a nominee of the State Government from among the technologists or industrialists of repute, four persons having special knowledge or practical experience in education, engineering or science, to be nominated by the Council and two professors of the Institute (S. 11). In view of S. 12, the Board is responsible for the general superintendence, direction and control of the affairs of the Institute. The director is appointed by the council with the prior approval of the Visitor. The Registrar is an appointee of the Board of Governors and is responsible to the Director for the discharge of the administrative functions entrusted to him. S. 19 provides :. "19. (1) The Registrar of each Institute shall be appointed on such terms and conditions as may be laid down by the Statutes and shall be the custodian of records, the common seal, the funds of the Institute and such other property of the Institute as the Board shall commit to his charge. (2) The Registrar shall act as the Secretary of the Board, the Senate, and such committees as may be prescribed by the Statutes. (3) The Registrar shall be responsible to the director for the proper discharge of his functions. (4) The Registrar shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or by the Director." The Statutes framed under S. 26 (g) provide inter alia for the classification, the method of appointment and the determination of the terms and conditions of service of teachers and other staff of the Institute. Cl. 13(9) of the Statutes in so far as relevant states : "The following penalties may for good and sufficient reasons and as hereinafter provided, be imposed on any member of the staff :- (i) Censure; (ii) withholding of increments or promotion; (iii) recovery from the whole or part of any pecuniary loss caused to the Institute by negligence or breach of orders; (iv) reduction to lower service, grade or post or to a lower time-scale, or to a lower stage in a time-scale; (v) compulsory retirement; (vi) removal from service which shall not be a disqualification for future employment under the Institute; (vii) dismissal from service which shall ordinarily be a disqualification for future employment under the Institute." "No order imposing on any member of the staff any of the penalties specified at (iv) to (vii) above shall be passed by any authority subordinate to that by which he was appointed and except after an enquiry has been held and the member of the staff has been given reasonable opportunity of showing cause against the action proposed to be taken in regard to him".
(3.) On Sept. 2, 1976 the Board of Governors issued a memorandum in terms of its resolution dated 12th July, 1976 detailing the procedure to be adopted in the matter of disciplinary proceeding as under: "In case, an equiry is to be held, the Registrar, after obtaining the approval of the appointing authority will issue charge-sheet accompanied with copies of statements of witnesses to be examined against employee concerned along with the copies of the documents against him. The appointing authority shall decide whether to proceed with the enquiry itself or appoint an enquiry officer or committee to conduct the departmental enquiry. The enquiry officer/committee will give his/its findings to the appointing authority and necessary action will be taken against the employee according to law, statutes and prescribed rules. For any procedural guidance, the Classification, Control and Appeal Rules of Government of India as amended from time to time may be used by the enquiry officer/committee.;