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PETITIONER: THE MANAGING COMMITTEE OF M.M. DEGREECOLLEGE, MODI NAGAR

       Vs.

RESPONDENT: VICE-CHANCELLOR, MEERUT UNIVERSITY& ORS.

DATE OF JUDGMENT:       17/03/1997

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.  We have  heard learned  counsel on both sides.      The third  respondent, Dr.  B.S. Goel, while working as Head the  Department of  Statistics in  MMD Degree  College, Modinagar  had   gone  on   foreign  assignment   in   Basra University, Iraq  for a  period of one year. Subsequently, a letter was  written by  the Managing Committee on August 20, 1979 seeking the third respondent to join duty. Since he did not  join   the  duty,   the  Managing  Committee  passed  a Resolution to hold an enquiry into unauthorised absence from duty. On  27.2.1980, a charge-sheet in the shape of a letter was sent  to respondent  No.3. He did not participate in the enquiry.  The   Enquiry  Officer  submitted  his  report  on 19.6.1980. The  Managing Committee,  on consideration of the report, dismissed  the third  respondent on 31.7.1980 stated that  since   the  third  respondent  had  gone  on  foreign assignment, with  the  approval  giving  by  the  appellant- Management, termination without giving an opportunity to the respondent to  join duty is not proper. Accordingly, a cable was sent to the third respondent university as under:      "ON 20.1.1981,  the University sent      him a  cable on  his Basrah address      and  had   also  sent   a  copy  in      confirmation  of  the  above  cable      that he  should join  M.M. College,      Modi Nagar  (Ghaziabad) immediately      and latest  by 15th  February, 1981      positively failing  which the Vice-      Chancellor   will    approve    the      termination  proceedings   in  this      case."      Admittedly, the  third respondent, Dr.B.S. Goel did not join the  duty by  the prescribed time. Consequently, he was not taken  to the  duty when  he later  on reported for duty after coming  to India. He filed a writ petition in the High Court. The  High Court, in the impugned order, dated January 8, 1996,  in Writ  Petition No.9343/81,  has held that since the approval of termination was not given earlier, the Vice- Chancellor had  no power  to review  the  order  and  accord

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sanction for termination by the proceedings dated 21.2.1981.      We find  that the  view taken  by the High Court is not correct. The  approval sought  by the  appellant  for  third responden’s absence from service was after the expiry of the period of  foreign assignment.  Necessarily, he,  therefore, unauthorisedly remained  absent from  duty. Approval  by the Vice-Chancellor to  the dismissal of teacher from service is a pre-condition  and the Vice-Chancellor had passed on order with a  direction to  give further  opportunity for joining. Letter dated  15.2.1981 is  a  conditional  letter.  On  his failure to  join duty,  the approval  of the Vice-Chancellor stood accorded. Under these circumstance, the removal of the respondent from  service is  accordingly in  accordance with law.      The appeal  is accordingly allowed. The judgment of the High Court  stands reversed. The writ petition dismissed. No costs.