- (1.) RAKESH Sharma, J. Heard Sri Sanjay Shanker Manwal, a removed employee of Lucknow University, who is present in person. Sri I. B. Singh, learned standing counsel for Lucknow University has put in appearance on behalf of opposite parties and put forth his version.
(2.) UNDER challenge is an order of removal passed on 30. 11. 2006 by the Vice-Chancellor, Lucknow University, Lucknow. A departmental enquiry was initiated against the petitioner to inquire into an incident which took place in the office of Registrar, Sri K. N. Pandey, Lucknow on 9. 5. 2006 at 11. 25 a. m. It was alleged that Sri Sanjay Shanker Manwal, entered the office of Registrar on 9. 5. 2006 at 11. 25 a. m. He was hurling abuses and asking for attendance register. He misbehaved with Dr. K. N. Pandey, Registrar of Lucknow University, in the presence of Sri H. K. Gupta Superintendent. It has been alleged that Sri Sanjay Shanker Manwal, had brought a plastic bottle containing petrol mixed with kerosene oil. He threw it on Dr. K. N. Pandey. After this he tried to ignite Match Box to put Dr. K. N. Pandey and himself in flames. However, on intervention of the persons present, both the above persons were saved. A preliminary enquiry was setup by the Vice Chancellor, Dr. A. N. Singh, proctor was appointed to conduct a preliminary enquiry who had submitted his report to the Vice Chancellor. After going through the contents of the preliminary enquiry report a decision was taken to hold a formal regular departmental enquiry against the petitioner. He was put under suspension vide order dated 11. 5. 2006. Charge sheet was issued against him on 13. 7. 2006, a copy of which has been annexed as Annexure-4 to the writ petition. This charge-sheet contains the subject-matter of accusation against the petitioner and the evidence cited in support of the charges. Six documents were referred to in the charge- sheet, which were to be used against the petitioner. Against the order of suspension, the petitioner had approached this Court by filing Writ Petition No. 6937 (S/s) of 2006, Sri Sanjay Shankar Manwal v. Lucknow University, Lucknow and others. This writ petition was finally disposed of by passing the following order: Hon. Shri Narayan Shukla, J. Heard Mr. Alok Singh, learned counsel for the petitioner and Mr. K. Chandra, learned counsel for the respondents. By means of present writ-petition, the petitioner has challenged the order dated 11th May, 2006, passed by the Registrar of Lucknow University where by the petitioner has been placed under suspension on the charges mentioned therein. The petitioner has already been served the charge-sheet on 17th July, 2006 and he submitted the reply of the same on 27th July, 2006, on the date fixed, i. e. , 4th August, 2006 the petitioner appeared before the Inquiry Officer. On that date the proceedings could not take place and according to him no other date was fixed in the matter and he submits that the respondents are lingering on the matter which results to keep him under suspension for the long period which cannot be permitted by his Court. Under the circumstances with the consent of the learned counsel for the parties. I hareby dispose of the writ petition finally with the direction to the Inquiry Officer to complete the inquiry within one month from the date of production of a certified copy of this order, who shall submit the report to the disciplinary authority within next one week and disciplinary authority shall take final decision in the matter after providing opporutnity to the petitioner if the same is required under the law within next two weeks. Thus, the whole inquiry shall be completed as per schedule provided herein if the respondents fail to complete the inquiry within the stipulated period as has been stated here-in-above, the suspension order dated 11th May, 2006 (Annexure-1 to the writ petition) staff stand revoked. However, it would be open for the Inquiry Officer to proceed with the inquiry and complete the same expeditiously. The learned counsel for the respondents submits that the inquiry can only be completed within stipulated period if the petitioner cooperates with the Inquiry Officer. Learned counsel for the petitioner on the basis of instructions undertakes to cooperate with the Inquiry Officer and he shall not take any adjournment unnecessarily without any cogent reason. The learned counsel for the petitioner submits that he is not being paid subsistence allowance which he shall approach to the authority concerned who shall consider his request and pay the same. " The petitioner submitted his reply to the charge-sheet on 26. 7. 2006 a copy of which has been annexed as Annexure-6 to the writ petition. However, it is borne out from the record that the enquiry was conducted on various dates. It appears from record that various dates were fixed for holding enquiry between 27. 7. 2006 to 13. 9. 2006. Witnesses were examined and cross-examined by the petitioner. This Court has also seen that the petitioner had produced two defence witnesses and Sri Jag Mohan, Sri Jay Shanker Pandey in support of his case. After completion of the enquiry, the enquiry officer had submitted report on 13. 9. 2006. A copy of the enquiry report has been annexed as Annexure-4 to the writ petition.
(3.) IT is noteworthy that in the present case the departmental enquiry has been conducted by Sri Nanak Chand Harit, a retired District Judge. After receiving enquiry officer's report a show cause notice was issued to the petitioner on 20. 9. 2006 to which the petitioner submitted his reply on 4. 10. 2006. After going through the replies submitted made by the petitioner, the delinquent employee, final order of penalty, i. e. , removal from services was passed against him by the appointing authority, i. e. , Vice-Chancellor, Lucknow University, Lucknow. The petitioner has assailed the order of removal on various grounds like Dr. K. N. Pandey, Registrar of Lucknow University it bore malice. He was inimical towards him and wanted to kill him. The petrol kerosene mixture was available in the room for the purpose of throwing it on the petitioner by the Registrar. The Registrar had thrown this mixture on the petitioner. Sri Sanjay Shanker Manwal, petitioner has submitted that none of the witnesses had submitted before the enquiry officer that the petrol kerosene mixture was thrown by the petitioner. In fact, all the witnesses had deposed that they did not see the incident which took place on 9. 5. 2006 at 11. 25 a. m. in the office of the Registrar at Lucknow University, campus. The petitioner has been implicated in this case, he was innocent. The witnesses of the prosecution were interested as they belong to Registrar's office.;