High court stays AKTU probe against former V-C

Prof PK Mishra, then V-C of the technical varsity, had ordered the inquiry to probe corruption charges against Pathak during the latter’s tenure as AKTU V-C.

The Lucknow bench of the Allahabad high court has stayed a probe ordered by the Dr. A. P. J. Abdul Kalam Technical University (AKTU), Lucknow against its former vice-chancellor Prof Vinay Pathak.

(For representation)

Prof PK Mishra, then V-C of the technical varsity, had ordered the inquiry to probe corruption charges against Pathak during the latter’s tenure as AKTU V-C.

A single-judge bench of Justice Pankaj Bhatia on Friday observed that as per a letter written by the UGC on November 21, 2022 the AKTU was not authorized to order probe against Prof Pathak.

Nor is there any statutory or non-statutory provision to constitute and hold an enquiry of the nature that has been directed by its then V-C of the ATKU, Prof PK Mishra, the court said. “Until further orders, the enquiry, as proposed in the order (February 1, 2023), shall remain stayed,” said the court.

Appearing on behalf of the petitioner, senior advocate LP Mishra apprised the court about the power and duties of the vice-chancellor as mentioned under section 13 of the UP-State Universities Act, 1973.

“The UGC and the AKTU have no power to direct an enquiry against a vice-chancellor,” said advocate LP Mishra. “Even the UGC, in its letter (November 21, 2022), never authorised the AKTU to carry out any fact-finding enquiry or an enquiry of any nature against Prof Vinay Pathak,” he added.

The court also ordered the AKTU to file a counter-affidavit within four weeks.