1997 INSC 0347
                        Managing Committee of M.M. Degree College, Modi Nagar

                                                           Vs

                                Vice-Chancellor, Meerut University and Others

                                          Civil Appeal No. 2548 of 1997

                                       (K. Ramaswamy, G. T. Nanavati JJ)

                                                      17.03.1997

                                                        ORDER

1. Leave granted. We have heard learned counsel on both sides.

2. The third respondent, Dr. B. S. Goel, while working as Head of the Department of Statistics in
M.M. Degree College, Modi Nagar had gone on foreign assignment in Basra University, Iraq for a
period of one year. Subsequently, a letter was written by the Managing Committee on 20-8-1979
seeking the third respondent to join duty. Since he did not join duty, the Managing Committee
passed a resolution to hold an enquiry into unauthorised absence from duty. On 27-2-1980, a charge-
sheet in the shape of a letter was sent to Respondent 3. He did not participate in the enquiry. The
Enquiry Officer submitted his report on 19-6-1980. The Managing Committee, on consideration of
the report, dismissed the third respondent on 31-7-1980 subject to the confirmation by the Vice-
Chancellor. The Vice-Chancellor in his letter dated 19-12-1980 stated that since the third respondent
had gone on foreign assignment, with the approval given by the appellant Management, termination
without giving an opportunity to the respondent to join duty is not proper. Accordingly, a cable was
sent to the third respondent university as under :

                  "On 20-1-1981, the University sent him a cable on his Basra address and had also
                  sent a copy in confirmation of the above cable that he should join M.M. College,
                  Modi Nagar (Ghaziabad) immediately and latest by 15-2-1981 positively failing
                  which the Vice-Chancellor will approve the termination proceedings in this case."

3. Admittedly, the third respondent, Dr. B. S. Goel did not join duty by the prescribed time.
Consequently, he was not taken on duty when he later on reported for duty after coming to India. He
filed a writ petition in the High Court. The High Court, in the impugned order, dated 8-1-1996, in
Writ Petition No. 9343 of 1981, has held that since the approval of termination was not given
earlier, the Vice-Chancellor had not power to review the order and accord sanction for termination
by the proceedings dated 21-2-1981.

4. We find that the view taken by the High Court is not correct. The approval sought by the
appellant for the third respondent's absence from service was after the expiry of the period of
foreign assignment. Necessarily, he, therefore, unauthorisedly remained absent from duty. Approval
by the Vice-Chancellor of the dismissal of a teacher from service is a precondition and the Vice-
Chancellor had passed an order with a direction to give further opportunity for joining. Letter dated
15-2-1981 is a conditional letter. On his failure to join duty, the approval of the Vice-Chancellor
stood accorded. Under these circumstances, the removal of the respondent from service is
accordingly in accordance with law.
5. The appeal is accordingly allowed. The judgment of the High Court stands reversed. The writ
petition is dismissed. No costs.