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2020 Supreme(Pat) 238

MOHIT KUMAR SHAH
Qamar Ahsan – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
Shashi Anugrah Narain, Advocate, Piyush Lal, Advocate, Binay Kumar, Advocate, Y.V. Giri, Advocate, Rajendra Kumar Giri, Advocate, Ritesh Kumar, Advocate, Subhash Chandra Mishra, Advocate

Table of Content
1. petition challenging removal of vice-chancellor. (Para 1 , 2)
2. details of the inquiry and charges against petitioner. (Para 3 , 4)
3. legal basis for inquiry procedures under the act. (Para 5 , 6)
4. court's finding on inquiry process and use of natural justice principles. (Para 7 , 8)
5. onus of proof and procedural adherence in administration. (Para 9 , 10)
6. consultation requirements under section 11 of the act. (Para 11 , 12)
7. assessment of grounds for removal and fairness in process. (Para 13 , 14 , 15)
8. judgment on implications of procedural violations. (Para 16 , 17)
9. comments on adequate opportunities for defense. (Para 18 , 19)
10. final decision on the right to be heard in administrative decisions. (Para 20 , 21 , 22)

JUDGMENT

Mohit Kumar Shah, J. - The present writ petition has been filed seeking quashing of the order dated 13.12.2018 passed by the Chancellor, Magadh University, Bodh Gaya, as communicated to the petitioner vide letter dated 13.12.2018, whereby and whereunder the petitioner has been directed to submit his resignation from the post of Vice-Chancellor, Magadh University, Bodh Gaya on or before 13.12.2018, failing which it shall be deemed th

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