S.H.A. Raza, J. - (1.) The petitioner. Dr. H.N. Shahi, Joint Director at the western campus of Govind Ballabh Pant University of Agriculture and Technology, has approached this Court assailing the order dated 27th October, 1995 passed by the Chancellor.
(2.) On an inquiry being made against the petitioner the Vice-Chancellor of the University, in pursuance of the resolution passed by the Board in He 153rd meeting dated 16th July, 1993 imposed three penalties upon the petitioner, the first related to stoppage of three increments permanently with immediate effect and the second pertaining to a censure of the petitioner against his conduct. By means of the third penalty, the petitioner has been divested from holding any impotent administrative assignment or work in the University. Being aggrieved against the said order, the petitioner invoking the provisions of Section 23 of the U. P. Agricultural Universities Act, 1958 (hereinafter called the Act) preferred a representation before the learned Chancellor assailing the order passed by the Board.
(3.) By means of the order dated 27th October, 1995 for the reasons mentioned in the order the learned Chancellor dismissed the representation mainly on the ground that the reference was not maintainable in view of the feet that under the Section 25 (4) (d) (ii) the petitioner shall have the right to request for a review by the Board subject to the provision under Section 27 of the said Act. To elucidate further the controversy raised in this matter, it would be relevant to reproduce the provisions of Section 23 of the Act as well as the Statute referred to above "23 If any question arises whether any person has been duly elected or appointed as or is entitled to be a member of any authority or other body of the University, or whether any decision of any authority or other body of the University, or whether any decision of any authority or officer of the University is in conformity with this Act or the Statutes or the Regulations the matter shell be referred to the Kuladhipati (Chancellor) and the decision of the Kuladhipati (Chancellor) thereon shall be final." "25 (4)(d)(ii). If the order of punishment is (1)by the Vice-Chancellor, the person affected shall have the right to appeal to the Board Management and (2) by the Board of Management the person affected shaft have the right to request for a review by the Board subject to the provision under Section 27 of the U. P. Agricultural University Act.";