Prof. Neel Mani Prasad Verma v. Union of India Thru. Under Secy. Ministry of Education Deptt. of Higher Education and 3 Others

Allahabad HC20 Dec 2024WRIA/12266/2024

Case brief

AI extract

What is this about?

The court observed a prima facie case for interim relief where a senior professor's charge as Vice Chancellor was summarily taken over via impugned orders after allegations arose post-retirement without show cause or opportunity. Directions for notice and stay were issued.

What did the court decide?

Directed impugned orders dated 03.12.2024 and 04.12.2024 to be stayed till the next date of listing; directions for notice issuance.

Prof. Neel Mani Prasad Verma vs Union of India… — Service and Employment | Allahabad HC (2024)

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Court No. - 4

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Case :- WRIT - A No. - 12266 of 2024

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Petitioner :- Prof. Neel Mani Prasad Verma Respondent :- Union Of India Thru. Under Secy. Ministry Of Education Deptt. Of Higher Education And 3 Others Counsel for Petitioner :- Sheikh Wali Uz Zaman Counsel for Respondent :- A.S.G.I.,Dr. V.K. Singh

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Hon'ble Rajnish Kumar,J.

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Shri Ashwani Kumar Singh and Shri Gaurav Rastogi, Advocates filed Vakalatnamas on behalf of the respondent no.1 and 2&3 respectively, which are taken on record.

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Heard.

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Shri Sheikh Wali-uz-Zaman, learned counsel for the petitioner submits that the petitioner, being the senior most Professor, was given the charge of Vice Chancellor on 05.05.2024 in view of the vacancy of post in terms of clause 2(6) of the statute of the university. There was no allegation against the petitioner and without any show cause notice or intimation the respondent no.4 has been appointed the Vice Chancellor by means of the order dated 03.12.2024 clarified by means of the order dated 04.12.2024 in place of petitioner, which could not have been done as the petitioner is the senior most professor and there is no allegation against the petitioner and he is going to retire on 31.12.2024.

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Learned counsel for the respondent no.1, on the basis of instructions, submits that the CVO has written a letter to CVC for first stage advice on 16.08.2024. Thereafter, the Professor Shilpi Verma wrote a letter in respect of the irregularities committed by many employees including the petitioner for calling an opinion for taking action against the petitioner. He further submits that a letter has been written by Professor Shilpi Verma, former CVO on 18.11.2024 that the acting Vice Chancellor i.e. the petitioner has suspended the Registrar Dr. Ashwani Kumar Singh likely over his opposition to the change of CVO and she highlighted a conflict of interest in Professor Verma's action, as he is under Central Vigilance Commission (CVC) review for alleged multi-crore tendering misconduct. Considering the same, the impugned orders have been passed.

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Learned counsel for the respondent nos.2 and 3, on the basis of instructions, submits that the period of Central Vigilance Officer had expired on 21.06.2024, therefore, any letter written

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by her after expiry of her term is not the view of the university and without authority of law. However, the charge has already been handed over to Professor Shiv Kumar Dwivedi by the petitioner, which is admitted by learned counsel for the petitioner, however he submits that impugned action is not in accordance with law and on the basis of a letter of a person, who was not authorized and casts stigma on the petitioner at the fag end of his service.

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In view of above, it appears that on account of some conflict of interest between the professors, the previous CVO has written a letter against the petitioner on 18.11.2024 without authority and considering the same and without affording opportunity to the petitioner, the impugned orders have been passed, therefore, the matter requires consideration and prima facie a case for interim relief is made out.

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Issue notice to the respondent no.4 through speed post. Learned counsel for the petitioner undertakes to serve dasti also, therefore, the dasti notices shall also be issued.

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Steps within 24 hours.

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List on 02.01.2025 as fresh showing the name of Shri Ashwani Kumar Singh and Shri Gaurav Rastogi, Advocates as counsel for the respondents in the cause list.

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The impugned orders dated 03.12.2024 and 04.12.2024 contained in annexure nos.1 and 2 shall remain stayed till the next date of listing. However, fresh decision may be taken after retirement of petitioner.

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...................................................................(Rajnish Kumar, J.) Order Date :- 20.12.2024 Haseen U.

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Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench

Prof. Neel Mani Prasad Verma v. Union of India Thru. Under Secy. Ministry of Education Deptt. of Higher Education and 3 Others

Case brief

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Prof. Neel Mani Prasad Verma v. Union of India Thru. Under Secy. Ministry of Education Deptt. of Higher Education and 3 Others

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