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2020 Supreme(Pat) 238
IN THE HIGH COURT OF JUDICATURE AT PATNA
Mohit Kumar Shah, J.
Qamar Ahsan - Appellant
Versus
State of Bihar - Respondent
Civil Writ Jurisdiction Case No. 4022 of 2019
Decided On : 02-11-2020
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
Headnote:(A) Bihar State Universities Act, 1976 - Section 11 - Removal of Vice-Chancellor - The Chancellor directed the petitioner to resign from the post of Vice-Chancellor, stating failure to manage affairs and discharging duties after an enquiry. The petitioner challenged the process alleging violation of natural justice and lack of consultation. Court found non-compliance with required consultation procedures and invalid reasoning in the removal order. (Paras 10, 44)
(B) Natural Justice - The principles of natural justice were found violated during the enquiry process, resulting in the impugned order being quashed. (Paras 11-15)
(C) Quashing Order - The Chancellor's order was deemed inadequate and unreasoned, failing to address defense arguments adequately. Resultantly, the Court allowed the writ petition, quashing the impugned order, while granting liberty to the Chancellor to take necessary steps in accordance with law. (Paras 43, 44)
| 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 that the petitioner has resigned from the said post. The petitioner has also challenged the Notification No. MU/47/ 2017-2092/Ra. Sa. (1) dated 07.08.2018, issued by the Governor''s Secretariat, Raj Bhawan, Bihar, under the orders of the Chancellor, Magadh University, Bodh Gaya, whereby and whereunder a two member enquiry committee was constituted to enquire into the allegations against the petitioner. Consequently, the petitioner has prayed for quashing the enquiry report dated 26.09.2018. Lastly, the petitioner has prayed for holding and declaring that the petitioner was never removed from the post of Vice-Chancellor, Magadh University, Bodh Gaya pursuant to the aforesaid order dated 13.12.2018 and as a consequence thereof, he be deemed to have continued to discharge his duties and exercise his powers of the said post of Vice-Chancellor, Magadh University with effect from 13.12.2018 onwards till date and to grant all consequential benefits arising therefrom.
2. The brief facts of the case are that the petitioner was initially appointed on the post of Lecturer in the subject of Economics on 11.01.1977 in S.D. Jain College, Ara under the Magadh University, Bodh Gaya, whereafter he was promoted on the post of Reader and then to the post of Professor whereupon he superannuated with effect from 31.03.2017. The petitioner is stated to have been appointed as Vice-Chancellor, B.N. Mandal University, Madhepura, whereafter he was appointed as the Vice-Chancellor of M.M.H. Arabic & Persian University, Patna, vide Notification dated 24.01.2008 and then vide Notification dated 07.05.2014, the petitioner was appointed as the Vice-Chancellor of Sido Kanhu Murmu University, Jharkhand. It is the case of the petitioner that considering the excellent track record of the petitioner, the Chancellor of the University of Bihar, vide Notification dated 20.03.2017 had appointed the petitioner as the Vice-Chancellor of the Magadh University, Bodh Gaya for a period of three years from the date of assuming the charge of his office. The petitioner is stated to have assumed the charge of the said office on 28.03.2017 and had continued to work on the said post till the passing of the impugned order dated 13.12.2018.
3. It is the further case of the petitioner that vide Notification dated 07.08.2018, issued by the office of the Chancellor, Bihar, a Two Men Committee was constituted to enquire into the allegations received by the said office against the petitioner herein. The Enquiry Committee was constituted to hold enquiry against the petitioner with regard to total number of 18 charges framed against him, as enclosed with the Notification dated 07.08.2018. The Enquiry Committee had held its first meeting at the office of the Magadh University, Bodh Gaya on 21.08.2018. The aforesa
