Vimlesh Kumar Shukla, J. - (1.) PROF . Amar Prakash Garg is before this Court questioning the validity of the Resolution dated 3.5.2008 passed by the Executive Council of Chaudhary Charan Singh University, Meerut, as communicated by the Registrar vide his order dated 17.5.2008, informing the petitioner of the order of punishment of dismissal from service passed against him as well as order dated 18.11.2008 passed by the Chancellor of the University, proceeding to affirm the said action of Executive Council of the University. Brief background of the case is that petitioner has been performing and discharging his duties as Professor & Head of the Department of Microbiology at Chaudhary Charan Singh University, Meerut. The affairs of the said University in question is to be governed by the provision of Uttar Pradesh State Universities Act, 1973 and First Statutes framed thereunder.
(2.) PETITIONER has stated that while performing and discharging his duty as Professor, and Head of Department, on the directives issued by the Vice -Chancellor and Registrar of the University, on 18.4.2006 petitioner has been appointed as Coordinator to conduct the examination of the University for the year 2006. Subsequent thereto Vice -Chancellor constituted Evaluation Committee of five persons of which petitioner was not a member. The said Evaluation Committee was responsible for selection of evaluation centres and their evaluation. Petitioner has stated that examinations of the University were conducted smoothly and properly upto 28.7.2006 and there was no complaint whatsoever regarding the work and conduct of the petitioner as Co -ordinator. Petitioner has come up with the case that Vice -Chancellor of the University on 26.7.2006 appointed one Dr. Rajnikant Upadhyaya as In -Charge at Agra for evaluation of the answer books of the Professional Courses Examination 2000. Petitioner has stated that on 29.7.2006 he was asked to get answer sheets evaluated from the eligible examiners by the letter of the Registrar of the University, and approximately 26000 answer books were send to petitioner in three lots between 2.8.2006 to 9.8.2006. The petitioner has stated that out of 26000 answer books, 14000 answer book has been distributed to 29 examiners in consultation with Pro. Vice -Chancellor Sri S.N. Rai and balance 14000 answer books had been taken back by the University as in respect of evaluation process of answer books at Agra, large scale irregularities have been recorded and same has been height lighted in media showing the way and manner of examining the answer sheets of the University by ineligible persons. Scam has emanated from Agra where answer books were send for external examination and were found being examined by students instead of qualified examiners and answer books were found lying scattered at the out skirts of Agra.
(3.) ON the said out burst, Enquiry Committee was constituted by the District Magistrate, Meerut on 13.8.2008, and on 14.8.2006 notification was issued regarding constitution of the Enquiry Committee by the District Magistrate that comprised of Additional District Magistrate (City), Additional Higher Education Officer, Meerut, Additional City Magistrate, Meerut and said committee also had four nominees of Vice -Chancellor i.e. Prof. J.K. Pundir, H.O.D., Sociology, Prof. S.K. Chaturvedi, H.O.D. Political Science, Dr. M.P. Tyapgi, Principal, Shivanath Singh Shandilya College, Manchhara, Meerut and Prof. Suraksha Pal Dean Education, Meerut University. On 13.8.2006 Deputy Registrar of the University lodged FIR against Dr. Rajnikant Upadhaya who was appointed as In -charge of Agra Evaluation Centre. On 13.8.2006 second FIR was lodged by the Vice -Chancellor against the Registrar of University. Said Enquiry Committee thereafter after making enquiry submitted its report on 20.8.2006 and said report proceeded to record finding to the effect that answer sheet that has been evaluated at Agra was on account of decision taken by the Vice -Chancellor of the University and the Vice -Chancellor of the University was also responsible for the said episode. Said enquiry report indicted the petitioner also. After the said report has been submitted, petitioner submits that Vice -Chancellor lodged the FIR against the Registrar and petitioner and petitioner was arrested on 21.8.2006 and thereafter, as petitioner has been in judicial custody, petitioner was kept under suspension. Petitioner submits that meeting of the Executive Council has been shown to have taken place on 23.8.2006 and therein Disciplinary Committee has been constituted, consisting of Vice -Chancellor of the University as Chairman, Mr. Masroor Ahmad and R.K. Upadhyaya as member to conduct the inquiry against the petitioner. Petitioner submits that against the resolution passed by the Executive Council dated 23.8.2006, Civil Misc. Writ Petition No. 11986 of 2007 had been filed and said writ petition was dismissed on 7.3.2007 on the ground of alternative remedy. Petitioner has stated that he has been served with the copy of the charge -sheet dated 6/7.3.2007 and charges were to the effect that irregularities have been committed by the petitioner in relation to evaluation of the answer sheet of the year 2006.;