AHMEDABAD, March 31: S B Vora was reinstated as Gujarat University vice-chancellor after a Gujarat High Court division bench of Justice B C Patel and Justice A L Dave on Wednesday upheld a single judge's order quashing Vora's dismissal.Vora resumed office immediately after the judgment was pronounced.Vora was dismissed on November 9 on the ground of misconduct and misdemeanour. The dismissal order had stated that he did not obtain prior sanction of the Governor (who is the chancellor of all the State universities) and did not intimate him before leaving for Bangkok for three days from November 12, 1997 to attend a conference.Also, the dismissal order had said Vora did not obtain necessary political clearance before going abroad.The division bench did not agree with these reasons. ``However, we allow the petition on the ground that material foreign to the show-cause notice and not communicated to the petitioner has been taken into consideration in arriving at the decision, and therefore, the impugned dismissal order dated November 9, 1998 is vitiated,'' the bench observed.The bench also rejected the State Government request for status quo and approaching the Supreme Court. ``We are of the view that as the State has not taken care to provide an opportunity to the petitioner to defend his case, the State has no case.''The bench observed that the dismissal order was vitiated because it was passed not only on the questions raised but also on various circumstances for which Vora's explanation was not sought. ``Thus, this order is passed in gross violation of the principles of natural justice as extraneous factors have been taken into consideration.,'' the court observed.For this, the court referred to an affidavit filed by D C Vora on behalf of the State Government, stating that the government had taken into consideration the totality of non-cooperative behaviour of the petitioner (Vora).The bench observed that while the dismissal order mentioned only two grounds going abroad without prior sanction of the Chancellor and non-obtaining of political clearance the affidavit stated that totality of non-cooperative behaviour had been taken into consideration.``Therefore, it is clear that material which was never communicated to the petitioner was taken into consideration and the petitioner was kept in dark qua such material, and no opportunity was given to him in that behalf,'' the bench observed.However, the division bench - disagreeing with the single judge - observed that attending the Bangkok conference without prior approval of the Chancellor ``would amount to misconduct''.``Before leaving, it was the duty of the petitioner at least to convey the information that he was leaving, which he has not done. The conduct of the petitioner in proceeding to attend the conference without obtaining political clearance and without permission of the Chancellor is a misconduct and misdemeanour.''Based on this, the bench held that the service of a vice-chancellor could be terminated by the State Government before expiry of three years.The government was represented by Additional Solicitor General R N Raval and pleader Prashant Desai, while advocate A H Mehta appeared for Vora.Later, Vora said the university would try to stick to the examination schedule already announced and the convocation date would be finalised soon after consulting the Governor.
