Heard Sri Gaurav Mehrotra, learned counsel for the petitioner and Sri J.N. Mathur, learned Senior Advocate assisted by Sri Anant Tiwari, learned counsel for the opposite parties.
By means of this petition the petitioner has assailed the decision dated 14.6.2019 passed by opposite party no. 3 i.e. Board of Governors / Appellate Authority of IIM, Lucknow, in so are as it relates to giving a finding / observation of guilt of alleged misconduct of the petitioner even before the conclusion of the disciplinary proceedings.
Since the disciplinary proceedings are pending, therefore, the decision in the issue in question should be taken on the basis of evidences led by the parties and on the basis of documents but before the conclusion of the departmental proceedings such findings would definitely affect the petitioner.
Sri J.N. Mathur, learned Senior Advocate has fairly submitted that the second last para of the impugned order dated 6.8.2019 is unwarranted at this stage. For convenience the said para of the impugned order is being reproduced:
"The Board of Governors also observed that the three Member Inquiry Committee has come to the findings that Prof. Sameer Mathur is, prima facie, guilty of gross misconduct. Chief Vigilance Officer, IIML has also recommended that proceedings for major penalty should be initiated against Prof. Sameer Mathur. Prof. Mathur has deliberately and fully knowingly misled and misrepresented to the then Dean (Faculty), and did not follow his advice and repeatedly violated his instructions. He grossly misused his position by issuing Certificates to hundreds of candidates who joined his On-line Courses on Marketing & Data Analytics during 2015-2018. He has, thus, made enormous unlawful gains by conducting various On-line Training Programs by undervaluing the premier Institute."
Sri J.N. Mathur has submitted that the inquiry officer shall conclude the inquiry without being influenced from the aforesaid portion of the impugned order and the decision against the petitioner shall be taken independently on the basis of findings of the inquiry officer.
Therefore, considering the rival submissions of the learned counsel for the parties I am of the considered view that this writ petition be disposed of at the admission stage directing the inquiry officer viz. a viz. the disciplinary authority not to consider the aforesaid paragraph of the impugned order while conducting the departmental inquiry and also while taking final decision in the case of the petitioner. The departmental inquiry should be conducted and concluded strictly in accordance with law and the final decision should be taken if so warranted as per the settled propositions of law.
In view of above terms, writ petition is finally disposed of.
Order Date :- 29.8.2019 Om [Rajesh Singh Chauhan, J.]