- (1.) SRI Janardan Prasad Sharma, petitioner herein moved this writ petition on 16-12-1988, inter alia, praying, for stay of the opera tion of the impugned order, dated 20-9-1988 passed by the Vice- Chancellor, University of Roorkee, Roorkee, whereupon a Division Bench, consisting of Hon'ble V. N. Khare and Hon'ble J. N. Dubey, JJ. (as their Lordship then were), merely issued notice, and directed the application to be listed before the learned Single Judge on 4-1-1939.
(2.) THEREAFTER, by a reasoned judgment Hon'ble M. P. Singh, J, (as His Lordship then was), on 4-8-1989 refused to grant any stay order and rejected the said application, inter alia, observing that the main question to be decided in the writ petition is to whether the punishment imposed should be taken effect to, or not, in respect of the petitioner. The facts of the case are that the Syndicate in its meeting dated 5/6-8-1988 resolved that show-cause notice should be served against the peti tioner as to why the punishment of stopping of five increments be not inflicted on Janardan Prasad Sharma and further resolved that his posting should be very carefully considered by the Administration in the light of charges established against him. A show-cause notice was served on Shri J. P. Sharma the petitioner herein, on August 12, 1988 and report of the Enquiry Committee was also made available to him.
(3.) SUBSEQUENTLY, taking into consideration the report of the Enquiry Committee and also the reply submitted by Sri J. P. Sharma, the Syndicate in its meeting held on 16/17-M988 resolved that the proposed punishment decided in the meeting of the Syndicate held on 5/6-8-1988 does not need to be modified and is, therefore, finally awarded. Accordingly, it was resolved that the aforesaid punishment be imposed on Shri J. P. Sharma, the peti tioner herein. Considering the resolution dated 5/6-8-1988 and 16/17-9-1988, the Vice-Chancellor, University of Roorkee, Roorkee vide his order dated 20-9-1988 recommended the following punishment, which is set out herein-below :- "that the punishment of stopping of five increments be inflicted on him and further his posting should be very carefully considered by the Administration in the light of the charges -established against him. ";