Ex- CJ’s adverse comments against ex-Guv expunged

CMJ University scam case

SHILLONG: In a setback to former Chief Justice of the High Court of Meghalaya, Uma Nath Singh, the Supreme Court has expunged the adverse comments made by him against former Meghalaya Governor RS Mooshahary, who had ordered the dissolution of CMJ University.
The order of Apex Court was following the special leave petition filed by Governor of Meghalaya against Govind Jha, son of Chandra Mohan Jha, the Chancellor of University and others.
In the order on November 28, the Supreme Court said that the observations recorded in the order dated 12.8.2015 by the then Chief Justice against the then Governor deserve to be expunged.
The order of the then Chief Justice said that the Visitor (Governor) has no authority to order any sort of investigation into the functioning of the University as this legal provision does not empower him to do so.
“Clearly, this action of the Governor is a blatant transgression of the statutory obligation and powers conferred upon him”, the order had said.
According to the observation of the then Chief Justice, the information sought by the Governor from the University in regard to the admission of the students
within three days and simultaneous issuance of the direction to the police to initiate criminal proceedings without waiting for the applicant to furnish the requisite information can only suggest the presence of element of mala fide intention on his part to unnecessarily harass the applicant.
“It can also suggest that the actions of the Governor are inspired; actuated with and driven by political vendetta which compelled him to usurp the authority not intended to be exercised by him by the Legislature when passing the CMJ University Act, 2009”, the order had said.
The order had also pointed that the directions issued on behalf of the Governor were absolutely unwarranted and completely illegal as being in derogation of the statutory provisions.

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