TMI Blog2019 (5) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... e by holding departmental proceedings cannot urge that it is bound by one part of the order and not the other. It cannot have the benefit of the order without complying with its obligations under the order. A bare reading of the statutory provision makes it manifest that prior approval of the Vice-Chancellor was mandatory before termination of the appellant. Having allowed the order to attain finality, it is not open for the college management to now urge that it was not bound to follow the procedure. The order of termination dated 24.04.2017 being in teeth of Section 35(2) of the Act is patently unsustainable. The termination is in teeth of the provisions of the Act, it is set aside. The appellant is held entitled to reinstatement - appeal allowed. - CIVIL APPEAL NO(s). 4794 OF 2019 - - - Dated:- 8-5-2019 - Arun Mishra and Navin Sinha, JJ. JUDGMENT Delay condoned. Leave granted. 2. The appellant, a lecturer in a private unaided college affiliated to the Chaudhary Charan Singh University (hereinafter referred to as the CCS University ), Meerut under the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termination dated 24.04.2017. The fresh order of termination was again in violation of the provisions of the Act and the Regulations of the CCS University. 7. Section 35(2) of the Act in its relevant extract reads as: 35. Conditions of service of teachers of affiliated or associated colleges other than those maintained by Government or local authority. ( 1) Every teacher in an affiliated or associated college (other than a college maintained exclusively by the State Government) shall be appointed under a written contract which shall contain such terms and conditions as may be prescribed. The contract shall be lodged with the University and a copy thereof shall be given to the teacher concerned, and another copy thereof shall be retained by the college concerned. (2) Every decision of the Management of such college to dismiss or remove a teacher or to reduce him in rank or to punish him in any other manner shall before it is communicated to him, be reported to the Vice-Chancellor and shall not take effect unless it has been approved by the Vice-Chancellor. XXXXX 8. The college being affiliated t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all hold office for one academic year. 10. Before parting with the order, we are constrained to observe regarding the manner of assistance rendered to us on behalf of the respondent management of the private college. Notwithstanding the easy access to information technology for research today, as compared to the plethora of legal Digests which had to be studied earlier, reliance was placed upon a judgment based on an expressly repealed Act by the present Act, akin to relying on an overruled judgment. This has only resulted in a waste of judicial time of the Court, coupled with an onerous duty on the judges to do the necessary research. We would not be completely wrong in opining that though it may be negligence also, but the consequences could have been fatal by misleading the Court leading to an erroneous judgment. 11. Simply, failure in that duty is a wrong against the justice delivery system in the country. Considering that over the years, responsibility and care on this score has shown a decline, and so despite the fact that justice is so important for the Society, it is time that we took note of the problem, and considered such steps to remedy the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... balance and arrive at the place of righteous stand, more so, when there are conflicting claims. While discharging duty to the court, a lawyer should never knowingly be a party to any deception, design or fraud. While placing the law before the court a lawyer is at liberty to put forth a proposition and canvass the same to the best of his wits and ability so as to persuade an exposition which would serve the interest of his client so long as the issue is capable of that resolution by adopting a process of reasoning. However, a point of law well settled or admitting of no controversy must not be dragged into doubt solely with a view to confuse or mislead the Judge and thereby gaining an undue advantage to the client to which he may not be entitled. Such conduct of an advocate becomes worse when a view of the law canvassed by him is not only unsupportable in law but if accepted would damage the interest of the client and confer an illegitimate advantage on the opponent. In such a situation the wrong of the intention and impropriety of the conduct is more than apparent. Professional misconduct is grave when it consists of betraying the confidence of a client and is gravest when it is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has a high responsibility. A counsel who represents the State is required to state the facts in a correct and honest manner. He has to discharge his duty with immense responsibility and each of his action has to be sensible. He is expected to have higher standard of conduct. He has a special duty towards the court in rendering assistance. It is because he has access to the public records and is also obliged to protect the public interest. That apart, he has a moral responsibility to the court. When these values corrode, one can say things fall apart . He should always remind himself that an advocate, while not being insensible to ambition and achievement, should feel the sense of ethicality and nobility of the legal profession in his bones. We hope, that there would be response towards duty; the hallowed and honoured duty. 15. In view of the conclusion that the termination is in teeth of the provisions of the Act, it is set aside. The appellant is held entitled to reinstatement. The respondent management is not precluded from proceeding afresh in accordance with law from the stage of irregularity. In that eventuality the Vice-Chancellor shall consider any request for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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