Heard learned counsel for the parties.
Sri Savitra Vardhan Singh has put in appearance on behalf of the Lucknow University.
The petitioner has challenged the order dated 14.03.2014 passed by the Registrar, Lucknow University by which the salary for the period of suspension of the petitioner has been forfeited by way of punishment.
Inspite of the order dated 20.04.2015 no counter affidavit has been filed by the University, therefore, the facts stated in the writ petition remain unrebutted.
The contention of the petitioner is that merely on the direction of the Vice Chancellor the impugned order of forfeiture of salary for the period of suspension has been passed without issuing any show cause notice.
A perusal of the impugned order reveals that a charge sheet was issued to the petitioner and he was placed under suspension on 08.11.2013. According to the petitioner he had filed reply to the charge sheet. The impugned order shows that the final decision was taken by the Vice Chancellor in the matter awarding an adverse entry for the alleged misconduct with a direction to the concerned authority to forfeit the salary of the petitioner for the suspension period.
The legal position is very well settled by the decision of the Supreme Court reported in (1987) 4 SCC 328 (O.P. Gupta vs. Union of India & others) that forfeiture of remaining salary for the period of suspension requires issuance of separate show cause notice under intimation as the matter of forfeiture of salary has financial implications. The petitioner needs to be confronted as to why the financial burden be not imposed upon him.
As no show cause notice was issued to the petitioner therefore, the impugned order to this extent is set aside and liberty is given to the concerned authority to proceed afresh if forfeiture of remaining salary of the suspension of petitioner is proposed by issuing a show cause notice and thereafter take an appropriate decision in accordance with law.
The writ petition is disposed of in the aforesaid terms.
Order Date :- 8.1.2016 Vijay (Rajan Roy)