- (1.) Durga Narain College, Fatehgarh is a Degree College affiliated with the Chhatrapati Shahu Ji Maharaj University, Kanpur. The Committee of Management of the said institution is aggrieved by an order of the Vice Chancellor as communicated vide letter of the Registrar of the University dated 13th December, 2007 whereby the resolution of the Committee of Management of the institution dated 6th November, 2007 (the correct date being 24.11.2007) has been kept in abeyance and for the purposes of examining as to whether any financial irregularity has been committed by the Principal, the respondent No. 5, a 4-Member Committee has been constituted.
(2.) The order of the Vice Chancellor of the University is being questioned by Shri Ashok Khare, Learned Senior Counsel on the ground that no opportunity of hearing was afforded to the Committee of Management before passing the impugned order and further that no reason has been recorded in support of the order so passed. Lastly, it has been contended that the Vice Chancellor has no power or authority to take away the rights of the Disciplinary Authority, i.e. the Committee of Management and to hold a detailed enquiry against the Principal of the institution and to constitute a 4-Member Committee of his own as has been done in the impugned order.
(3.) The contention raised on behalf of the petitioners is opposed by Shri P.S. Bhagel, Learned Counsel appearing for the Principal on various grounds, amongst others, that from the records as are available before the Court, the only charge levelled against the respondent Principal is that he has not handed over the relevant records pertaining to the games fund and account of examination. He submits that both the said accounts are being operated by the Principal of the Degree College alone and, therefore, the insistence of the Management of the institution to produce the records pertaining to the aforesaid accounts is totally uncalled for. He further submits that the presumption drawn under the impugned resolution that since the records have not been produced, there is misappropriation of funds, is totally unfounded.;