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2025 DAILYLAW 8398 (HP)

RAJEEV RAJPUT v. THE CENTRAL UNIVERSITY OF HP AND ANOTHER

EX.P./293/2025 · 2025-06-05

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:17873 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Execution Petition No.293 of 2025 in CWP No.07 of 2025 Decided on: 05.06.2025 Rajeev Rajput … Petitioner Versus Central University of Himachal Pradesh & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Sanjeev Kumar Motta, Advocate. For the respondents : Ms. Svaneel Jaswal, Senior Panel Counsel. Ajay Mohan Goel, Judge (Oral) By way of this execution petition, the petitioner has approached this Court for the execution of the order passed by this Court in CWP No.07 of 2025, titled Rajeev Rajput Versus Central University of Himachal Pradesh and another, decided on 02.01.2025, in terms whereof, the writ petition was disposed of by this Court in the following terms:- “ 3. Taking into consideration the fact that the petitioner time and again has come to the Court for the redressal of his grievance and as a Committee in terms of Annexure P- 15 has been constituted as far back as on 18.11.2024, the respondents are directed to ensure that appropriate decision is taken on the promotion case of the petitioner by the Committee within a period of three weeks from today. 4. It is clarified that non-compliance of the order passed by the Court shall be construed to be willful disobedience 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:17873 of the directions passed by this Court by the Registrar of the respondent-University. Pending miscellaneous application(s), if any also stand disposed of accordingly.” 2. Learned counsel appearing for the respondents has handed over a copy of Instructions imparted by the Registrar of the respondent-University, alongwith which the Minutes of the Meeting of the Committee held on 17.03.2025 are also appended. By referring to the Minutes of Meeting of the Committee in general and Para-9 thereof in particular, learned counsel submits that now the needful has been done by the Committee and it is for the Executive Council to take further action in terms of contents of the proceedings. Copy of Instructions alongwith the Minutes of the Meeting of the Committee are taken on record. Para-9 of the Minutes of the Meeting of the Committee is reproduced hereinbelow:- “a. The University has not followed the prescribed procedure before initiating the departmental inquiry against Sh. Rajeev Rajput. As per circular No. 09/12/24 dated 11.12.2014 of CVC of Government of India, First Stage Advice Second Stage Advice is required to be obtained from the CVC before initiating a departmental inquiry against the government servant but in this present case, neither First Stage Advice was sought from the CVC/MHRD, nor the Ministry informed at any level regarding this departmental investigation by the university. The University has not followed the prescribed procedure in this departmental inquiry, which appears to be a serious matter. Therefore, in this situation, the departmental Inquiry initiated against Sh. Rajeev Rajput 3 2025:HHC:17873 for a long period of 04 years proves to be Null & Vold. Depriving the employee of his right (promotion) on the basis of this inquiry cannot be justified in the eyes of law. Keeping this Important fact, a decision is required to be taken at the university level regarding the promotion of the Sh. Rajeev Rajput. b. The above facts of the pending Inquiry against Sh. Rajiv Rajput should be placed to the Executive Council of the University so that the entire matter be brought to the notice of the Executive Council.” 3. In the light of these developments, as the Committee concerned has done the needful in terms of the directions passed by this Court, these proceedings are closed, but with liberty to the petitioner to approach the Authority concerned for further action, if so advised. 4. The petition stands disposed of. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge June 05, 2025 (Rishi)