Aniruddha Bose, J.:— In this writ petition, under challenge is an order issued by the learned Vice-Chancellor of the University of Gourbanga terminating the service of the petitioner in exercise of his emergency power. It appears that there is allegation of production of false experience certificate on the part of the writ petitioner, which prompted issue of the termination order in exercise of such emergency power by the learned Vice-Chancellor. Under the Gourbanga University Act, 2007, power to terminate an officer of the University vests with the executive council in terms of Section 21(x) of the Act.
I had directed production of records pertaining to this matter by the University on 4th July, 2013. Today when the matter is called on for hearing, learned Counsel appearing for the University submits that the Vice-Chancellor of the University is on leave and as such he is unable to produce the records. The Vice-Chancellor has jurisdiction to exercise such emergency power in terms of Section 10(6) of the Act, which provides:-
“10. (6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting to the authority or body which, in the ordinary course, would have dealt with the matter.
Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Chancellor whose decision there on shall be final”.
In my prima facie view, in cases where the Vice-Chancellor or for that matter any other authority exercises such emergency power, the nature of emergency which prompts passing of such order ought to be disclosed in the order. This has not been done in the instant case.
In these circumstances, I stay of operation of the impugned order. The petitioner however shall not join his duties until further order of this Court and this period of absence shall be treated as leave with pay. In the event the University authorities decide to permit the petitioner to join his duties, then he shall be informed in writing the decision of the University in that regard and in such a situation the petitioner shall join his duties subject to any further direction that may be passed by this Court.
Affidavit-in-opposition to be filed within eight weeks as prayed for by the learned Counsel appearing for the University. Reply thereto, if any, be filed within four weeks.
Matter to be listed on 3rd October, 2013 under the heading “To Be Mentioned”.