9911796707
TMI Blog1987 (5) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... L.M. course of the Aligarh University. He appeared for 1st semester examination in July 1980. He was found to have used unfair means in the examination. The Registrar, Aligarh Muslim University informed the District Judge, Aligarh that the petitioner was found copying from the manuscript lying with his answer book. The District Judge thereupon communicated all the information to the High Court. Upon receipt of the information, the High Court referred the matter to Vigilance Cell with the direction to conduct necessary inquiry into the matter. The Cell submitted its report on September 18, 1980 which was placed before the Administrative Committee. The Committee resolved that disciplinary proceedings be initiated against the petitioner and he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings recorded by him. The full court also recommended to the State Government to remove the petitioner from service. 6. On August 26, 1982 the recommendation of the full court was sent to the State Government to issue necessary orders On October 5 1982 the petitioner filed Suit No. 408 of 1982 in the Court of Munsif Koil for declaration that he did not use any unfair means in the L.L. M examination. In the said suit the petitioner did not refer to the disciplinary proceeding initiated by the High Court for the mal-practices committed by him in the examination. On June 7, 1983 the petitioner moved the Supreme Court with an application to transfer his suit No 408 of 1983 from the Court of Munsif Koil to outside the State of U P That ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order removing the petitioner with the knowledge thereof. The enquiry against the petitioner was concluded on August 6, 1982 and the full court resolved to recommend to the Government to remove the petitioner on August 21, 1982. Accordingly the matter was referred to the State Government by the High Court on August 26, 1982. It was only thereafter that the petitioner filed Suit No. 408 of 1982 in the Court of Munsif, Koil and moved the Supreme Court for transfer of the Suit and obtained stay order on June 7, 1983. In these circumstances we cannot accept the contention that the petitioner was removed from service in disobedience of the stay order of this Court. The first contention urged for the petitioner is therefore rejected. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or (P.W. 1 ) had marked the portion said to have been copied immediately after taking possession of the answer book. It contains verbatim of the first portion of the contents in the manuscript (E.P. 9 ) recovered from the petitioner. Apart from that, the last sentence in the answer book was not complete. It was half written. The petitioner could not have gone to the toilet with half written sentence. Evidently he must have come back from the toilet and started copying from the manuscript. While so copying, he was evidently caught red handed. That is obvious from the contents of answer sheets. 11. In our opinion the conclusion reached by the Inquiry Officer that the petitioner used unfair means is fully justified. No amount of denia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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