Facts
The petitioner, a Professor of Statistics and Head of Department at Hemvati Nandan Bahuguna Garhwal Central University, challenged directions requiring him to record attendance at the Director’s office and apply for leave for periods of absence. He also challenged orders excluding certain days from salary and sought payment of withheld salary, interest, and a uniform attendance system for University staff.
Source reference: para. 4–5The University contended that he had remained absent without intimation or leave, had refused to sign the attendance register, and had not applied for leave despite being asked to do so.
Source reference: para. 6–7Issues
Whether the University’s directions requiring the petitioner to mark attendance at the Director’s office and apply for leave for periods of absence were unlawful and liable to be quashed
Source reference: para. 5, 8–9Whether the petitioner was entitled to the withheld salary and the other reliefs sought in the writ petition
Source reference: para. 4, 7–10Law Applied
The Court applied the principle that every University employee, including a Professor or Head of Department, must obey lawful orders of the competent authority.
Source reference: para. 8It further held that directions to apply for leave for periods of absence and to mark attendance in the designated register disclose no illegality warranting judicial interference.
Source reference: para. 9Reasoning
The Court relied on the record and the University’s submissions that the petitioner had not complied with directions of the Vice-Chancellor and other University authorities, had refused to sign the attendance register, and had not applied for leave.
Source reference: para. 6–8In those circumstances, it found no illegality in the challenged communications requiring attendance and leave applications. It also accepted that release of full salary could not be considered until the petitioner’s period of absence was regularised by the leave-sanctioning authority.
Source reference: para. 7, 9Holding
The Court found no basis to interfere with the challenged directions and dismissed the writ petition.
The petitioner’s requested reliefs, including payment of the withheld salary and a uniform attendance system, were not granted.
Source reference: para. 4–10Original Court PDF
VIDYA SAGAR SINGHvsUNION OF INDIA
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