HC strikes down suspension of Nagpur University VC

During the preliminary inquiry, the bench found out that no preliminary enquiry was conducted by the Chancellor before initiating the departmental proceeding against the VC, as contemplated under the Uniform Statute enacted by the state last year

MUMBAI: The Bombay high court on Thursday struck down the Governor’s order, suspending Subhash Choudhary, vice chancellor of Rashtrasant Tukdoji Maharaj Nagpur University, during the pendency of the departmental enquiry undertaken against him.

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Choudhary, however, will not be able to take back charge of the post, as the division bench of justice Anil Kilor and justice MS Jawalkar has stayed their order for four weeks to enable the state government to approach the Supreme Court.

During the preliminary inquiry, the bench found out that no preliminary enquiry was conducted by the Chancellor before initiating the departmental proceeding against the VC, as contemplated under the Uniform Statute enacted by the state last year.

“Undisputedly, though it is mandated under the Uniform Statute that while suspending the Vice-Chancellor during the period of the detailed enquiry, reasons in writing shall be recorded, in the matter at hand no reasons are recorded in the impugned order for suspension,” said the bench while striking down the suspension order.

Choudhary was appointed as the Vice-Chancellor (VC) of Nagpur University on August 8, 2020. A year later, the state government claimed to have received several complaints that he had passed some illegal orders and initiated an enquiry into the episode. The enquiry was completed in December 2022, and on May 10, 2023, a notice was issued to the VC, asking him to show cause why departmental enquiry should not be initiated against him.

Choudhary replied to the notice, clarifying that he had taken the decisions following the resolutions passed in the meetings of the management council and academic council and had not taken any independent decision.

However, on February 21, 2024, the Chancellor (Governor) decided to initiate a departmental enquiry against the vice chancellor and suspended him with immediate effect.

The bench also noted that the order did not even record why the suspension of the vice-chancellor was necessary, as most of the witnesses proposed against him were outsiders and struck down the suspension order. It, however, kept the order in abeyance for four weeks on request of a government pleader.