Bhagwan Din, J. - (1.) By means of this petition, the petitioner seeks for a writ in the nature of certiorari for quashing the order dated 26-6-93 passed by the Primary Body rejecting the appeal against disciplinary action and punishment awarded by the Governing Body and also the resolution of the Governing Body adopted in the meeting held on 27-5-91 and the order passed in the furtherance of the said resolution. The petitioner further seeks for a writ in the nature of mandamus commanding the respondents and directing them to award Readership from 1-8-89 and further direct them not to give effect to the order reducing the five stages in her salary.
(2.) The events and incident constituting factual matrix, necessary in true appreciation of the submissions of the parties Counsel in the case and for arriving at the correct decision, being set out are that the petitioner was appointed as a lecturer in D.E.I. Womens Training College, Agra. The Government of India, Ministry of Education and Culture (Department of Education), in exercise of powers conferred by Section 3, University Grants Commission Act, 1956 (3 of 1956), on the advice of the Commission declared Dayalbagh Educational Institute, Agra comprising of DEI Women's Training College, DEIREI Degree College and D.E.I. Engineering College, Dayalbagh, Agra to be deemed to be a University for the purposes of the Act 3 of 1956. On such declaration the deemed University (to be called University hereinafter) framed its own Memorandum of Association and bye-laws governing appointment and service conditions of the employees, teachers, leave facilities, examination etc. Having regard to the notification and merger of DEI Women's Training College with the University, as provided in the Rule 44 of the Memorandum of Association, the petitioner was offered employment in the University on the terms and conditions of agreement entered into by her (Annexure-2 to the writ petition). She accepted the offer and agreed to work as Lecturer on those terms and conditions.
(3.) Every thing was quite and smooth till the first quarter of 1990. The trouble arose during the semester break from 8th March, 1990 to 15th March, 1990 when petitioner stated to have received a message on 11th March. 1990 from Nainital of sudden illness of her son. She left for Nainital on 12-3-1990. She could not return till 16th March, 1990 and the semester had begun on 16-3-90. Therefore, she sent a telegram on 16-3-90 to extend her leave for one month. The telegram was received in the office of Director on 17th March. 1990, who endorsed it to the Registrar to deal with. The Registrar received the same on 19-3-1990. The Dean faculty of Arts was, however, not aware of the said telegram. Therefore, he informed the Registrar by a letter dated 20-3-90 that Dr. (Smt.) Suprabha is on unauthorized leave from 16-3-90. The Registrar, on his part, by a letter dated 18th April, 1990 called upon the petitioner to explain why had she not informed the faculty of her absence and also left the station without prior permission in violation of the bye-law No. 9 (i)(d). He also asked her to submit her medical certificate within ten. days from the date of issue of the letter. Before the above letter was written and despatched, an application dated 10-4-90 together with a medical certificate for grant of medical leave w.e.f. 16-3-90 to 12-5-90 was received in the office of Director on 16th April, 1990, which was sent to the office of Registrar on 18th April, 1990. It appears that while sending the letter on 18th April, 1990, the Registrar ignored the application of the petitioner for medical leave and also the medical certificate attached therewith. However, in response to the notices the petitioner submitted her explanation dated 27-4-90 in the office of Registrar on 8th May, 1990 wherein it is stated by the petitioner that there was no necessity to obtain permission to leave station as she left Agra in mid semester break, even then she had handed over a letter to an acquaintance for giving the same in office of the college which could not be delivered by the said acquaintance.;