College principal held guilty, HC informed

Saurabh Malik

Tribune News Service

Chandigarh, January 6

Just about a month after Vijay Vardhan, Additional Chief Secretary and Mahavir Singh, Principal Secretary, Higher Education, Haryana, were put on notice on an application alleging non-conclusion of departmental proceedings against a government college principal, the Punjab and Haryana High Court was told that the inquiry stood completed and the officer held guilty.

As the case came up for resumed hearing, the Bench of Augustine George Masih was told by counsel for the respondent that the inquiry proceedings had been concluded and the officer concerned had been found to be guilty. The competent authority was likely to take a decision within six weeks.

Taking note of the assertion, the Bench fixed the case for hearing in the beginning of March . The developments took place in a case by the Haryana Government College Teachers’ Association against Vardhan. The petitioner argued the High Court, on February 1, 2016, had directed the respondent to conclude departmental proceedings against Dr Param Bhushan Arya, principal of a government college.

Taking up the main contempt petition, the High Court had at that time made it clear that the proceedings were required to be concluded expeditiously and not later than three months from receiving the order’s certified copy.

The petitioner alleged the order had not been complied with. Instead of concluding the proceedings by May 1, an “inquiry officer” was appointed on October 24 last year. The step was apparently taken after the present application for revival of the contempt petition was filed on September 8, 2016.

Counsel for the applicant petitioner contended that respondent Vardhan and the resent incumbent on the post of Principal Secretary, Higher Education Department, had as such rendered themselves liable to be proceeded against under the Contempt of Courts Act.

Taking a note of the assertions, Justice Masih had directed the issuance of notice of motion to Vardhan and present incumbent Mahavir Singh. Before parting with the case, Justice Masih directed that the reply to the contempt petition was required to be filed within three weeks’ from receiving the notice.

“In case the reply is not filed within the stipulated time, the same shall be received by the Registry on payment of Rs 10,000 as costs to be deposited in the account of the Punjab and Haryana High Court Employees’ Welfare Association”.

Acting on the main contempt petition, Justice Mahesh Grover had observed on February 1, 2016, that the writ court had mandated consideration on representation by the petitioner association against the selection of Dr Arya as principal on the ground of being unqualified. It was stated in reply that prima facie Dr Arya had been found guilty of concealment and misrepresentation leading to his selection, regarding which appropriate proceedings had been initiated.