Heard Ms. Ishita Yadu, learned counsel for the petitioner, learned Addl. C.S.C. as well as Sri Tanveer Ahmad Siddiqui, learned counsel for private respondents through video conferencing.
The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner who has been working as Assistant Professor in the Integral University, Dasauli, Kursi Road, Lucknow, private university established by an Act of State Legislature namely Integral University Act, 2004, U.P. which was subsequently replaced by U.P. Private Universities Act, 2019.
The petitioner was suspended and article of charges and statement of imputation of misconducts dated 23.09.2020 was issued to him containing following charges:-
1. The incharge (security) has submitted a written complaint on 22.09.2020 that you are always involved in any sort of crowding demonstration, strike, spreading mis-information among university employees and other such mischievous activities in the campus.
2. The incharge (security) has also intimated that the defaming hoarding which was caught by him in the night of 20.09.2020 carried a mobile number which indicated your name 'Anwar Shaikh' on true caller verification.
3. You are involved in property sale and re-sale (Plots, 1BHK and 2BHK houses) in the name of 'Dream Green City Phase-II' without any intimation to the University. This is a serious misconduct as you have been clearly ordered in your Appointment letter Ref. No. IU/RO/GA/2008/28, dated 11.07.2008 not to engage yourself directly or indirectly in any other business/profession/employment during the continuation of your employment in this University.
4. On 31.08.2020 (Ref. No. IU/VCO/GA/Show Cause Notice/2020/51) a notice was issued to you that you had been leaving the University without any Biometric Record. It was further observed that many times, you left the University in the morning itself, just after punching Your justification was not satisfactory.
5. On 30.06.2020 (Ref. No. IU/PVCO/GA/Office Memo/2020/36) you were issued a notice that you were not attending the University regularly throughout June, 2019. Your clarification was not found satisfactory by the management.
6. On 12.01.2019, you were issued a Shows Cause Notice by email regarding your misconduct and indiscipline in the University. Your reply was not found satisfactory.
7. Further, with Reference to IU/PVCO/GA/Performance/Personal/2015/420-3 dated 03.10.2015, it was intimated to you that your performance had still not improved and the same was viewed seriously by the Competent Authority.
8. On dated 07.02.2015 (Ref. No. IU/PVCO/GA/Performance/Personal/2015/80-15) you were intimated that your performance has not been found satisfactory and has been viewed seriously by the Competent Authority. You were again advised to improve your performance which was closely monitored.
9. A Warning dated 14.03.2013 (Ref. No. IU/VCO/GA/Personal?2013/171) was issued to you regarding your highly objectionable and ill mannered habits and traits in the University. You were asked to improve yourself otherwise it was intimated to you that management will be left with no other alternative except to take serious disciplinary action against you.
The petitioner had submitted his detailed reply to the said charges. The Inquiry Officer conducted the disciplinary proceedings and submitted the enquiry report which was communicated to the petitioner by the disciplinary authority vide his show cause notice dated 11.02.2021. The petitioner replied to the said show cause notice. However, the disciplinary authority i.e. Vice Chancellor of the University without considering the reply to the show cause notice submitted by the petitioner, has passed the impugned order terminating the services of the petitioner from the university.
Learned counsel for the petitioner submits that the learned Vice Chancellor has not considered the reply of the petitioner to the show cause notice and without considering the reply and without affording opportunity to the petitioner the impugned termination order has been passed.
Sri Tanveer Ahmad, learned counsel representing the University does not dispute this fact that the contents of the reply have not been dealt with by the Vice Chancellor in the impugned order nor the petitioner was given any opportunity of hearing before the final impugned order came to be passed by the Vice Chancellor.
In view thereof, the present petition is disposed of at this stage of notice itself with following order:-
(i) The impugned order dated 27.02.2021 terminating the services of the petitioner from the Integral University on the post of Assistant Professor, is set aside.
(ii) The Disciplinary Authority i.e. Vice Chancellor is directed to pass a fresh order within a period of 21 days from today after considering the reply of the petitioner and giving him an opportunity of hearing.
(iii) The petitioner shall be paid subsistence allowance, if any, due and unpaid.
(iv) If any salary is remained to be paid, The University shall look into this aspect and if salary is due, it shall be paid to the petitioner.
Order Date :- 12.4.2021/Mohit