The vice chancellor of central university has dismissed me from service: What to do? I am a professor working at a central university located in XXX, Uttar Pradesh. During my tenure as a dean, a dispute arose between some students and the dean. In light of this, I took the decision to prohibit the entry of certain students who were involved in criminal activities within the university. However, these students had indirect support from the vice chancellor and therefore they resisted my decision and mobilized other students against me.
I requested the vice chancellor to conduct an independent investigation into the matter, and a special committee was formed for this purpose. However, despite the committee's report, I was suspended from my position as a dean and later dismissed from my service. The vice chancellor did not disclose the report of the special investigation committee. I believe that I have been unjustly treated and seek justice in this matter. Could you please help me?
The appointing authority or their delegatee is authorized to exercise discretion in placing a government servant under suspension in certain circumstances. This power has been granted to enable disciplinary proceedings to take place when the allegations are of such a serious nature that, if proven, they would typically warrant a major penalty.
It appears that your suspension order should have been ordered by the appointing authority and not the Vice Chancellor, as they are not your appointing authority. Therefore, the suspension order may be considered unjust, illegal, and void. Additionally, under the provisions of U.P. State Universities (Centralised) Service Rules, 1975, the Vice Chancellor does not have the power to dismiss, terminate, or reduce the rank of a government servant.
The U.P. Government Servants (Discipline and Appeal) Rules, 1999 outline punishments for both major and minor offenses. However, the U.P. State Universities (Centralised) Service Rule 1975 does not provide any specific provisions for punishments. Therefore, if disciplinary proceedings do result in a penalty, the provisions of the U.P. Government Servants (Discipline and Appeal) Rules, 1999 would apply.
The Vice Chancellor or the State Government, as the case may be, can initiate disciplinary proceedings. However, in the case of major punishments, the final order of inflicting punishment must be passed by the State Government. It appears that in your case, the Vice Chancellor has inflicted a major punishment, which is beyond their power and therefore, ultra vires.
You should file a writ petition in the high court under article 226 of the constitution for quashing or setting aside of suspension and termination order.
