HC rejects suspended KMC principal`s plea

Last Updated: Monday, February 18, 2013 - 17:46

New Delhi: A plea by suspended Kirori Mal College (KMC) principal to revoke his suspension order has been rejected by the Delhi High Court which said his conduct was "contrary" to the discipline and high standards required to be maintained in an educational institution.
Dismissing Bhim Sen Singh`s petition, Justice Mukta Gupta said, "The petitioner (Singh) did not raise any grievance regarding the appointment of S P Gupta as the vice principal of the college or Baleshwar Rai as chairman of the governing body of the college to the Chancellor, Vice-Chancellor or Executive Council of the university but straightaway went to the press, which prima facie would be contrary to maintaining the discipline and high standards required to be maintained in educational institutions."

The court also rejected Singh`s argument that holding a press conference was not a misconduct and thus neither an enquiry could have been conducted thereon nor he could be suspended.

"Whether the petitioner (Singh) has misconducted himself or not is a subject matter of the disciplinary enquiry held against the petitioner.

"It would not be appropriate for this court to return a finding thereon in these proceedings except to note that though misconduct has not been defined in the university calendar, however, the fact that highest standards of discipline are required to be maintained in a university cannot be denied."

"The right of speech and expression as guaranteed under Article 19(1) of the Indian Constitution has to be balanced keeping in mind the smooth and efficient running of the educational system," the court also said.

Singh in his plea, had contended the suspension order against him was "illegal and biased".

"The move is with a mala fide intention on the part of the university authorities," Singh had said while challenging the governing body`s August 1, 2012 order suspending him.

The suspension order came after Singh levelled corruption charges against KMC Governing Body`s Chairman Baleshwar Rai, a retired IAS officer. Singh was asked by the college to hand over the charge of principal Gupta with immediate effect.

Singh had alleged Rai faced several charges, including misappropriation of funds and molestation and demanded his removal from the post. He had claimed that he had entered the bad books of the University in 2010 when he had supported the Delhi University Teachers` Association and protested against the implementation of semester system.

PTI



First Published: Monday, February 18, 2013 - 17:46

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