VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 98
(98)
331
(A) Misconduct — in previous employment
Action can be taken for misconduct in previous
employment.
(B) Termination — power of appointing authority
Power to appoint implies power to terminate.
Dr. Bool Chand vs. Chancellor, Kurukshetra University,
AIR 1968 SC 292 : 1968 SLR SC 119
The appellant, a member of the I.A.S. was compulsorily
retired on charge of gross misconduct and indiscipline. He was later
on employed as Professor and Head of the Department of Political
Science in the Punjab University and on 18-6-65 appointed as Vice-
Chancellor of the Kurukshetra University by an order of the Governor
of Punjab as Chancellor of the University. He was suspended and
issued a notice requiring him to show cause why his services be not
terminated in relation to his past misconduct which resulted in his
compulsory retirement from the Indian Administrative Service. He
submitted his representation, after considering which, the Chancellor,
on 8-5-66, terminated his services with immediate effect.
The appellant contended that the Chancellor was bound to
hold an inquiry before determining his tenure and the inquiry must be
held in consonence with the rules of natural justice. The Supreme
Court quoted the case of Ridge vs. Baldwin decided by the House of
Lords, where Chief Constable was dismissed by a Borough and
referred to the observation therein that cases of dismissal fall into
three classes: dismissal of a servant by his master, dismissal from
office held during pleasure and dismissal from an office where there
must be something against a man to warrant his dismissal. The
Supreme Court pointed out that in the third class there is an unbroken
line of authority to the effect that an officer cannot lawfully be
dismissed without first telling him what is alleged against him and
hearing his defence or explanation. The Supreme Court held that
the case of Dr. Bool Chand fell within the third class and the tenure of
his office could not be interrupted without first informing him of what
was alleged against him and obtaining his defence or explanation.
In this case, a show cause notice was duly issued by