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2023 Supreme(Pat) 736

IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, J.
CWJC No.1660 of 2023
(25.9.2023)
Dr. Neeraj Kumar @ Neeraj Kumar ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates appeared:
For the Petitioner: Ms. Archana Sinha @ Archana Shahi.
For the State : Mr. Subhash Chandra Mishra, SC-16.
For the University : M/s P.K. Shahi, Sr. Adv., Rajesh Prasad Choudhary, Vivekanand Singh.
For the Resp. No. 5 : Mr. Sanjeev Kumar Mishra.

Headnote:

Bihar State University Act, 1976–Section 14-B–Co-ordinator college Development Council–removal–petitioner has been removed from the post Co-ordinator College Development Council–no reason for removal before expiry of its tenure of three years stated–apparently and admittedly, no notice to show cause or prior information in any form was given to the petitioner providing the reasons for which the Vice-Chancellor of the University wanted to remove him–no whisper in impugned memo that the petitioner was being removed because he was not an Associate Professor/Reader–both the sides making submissions for and against as to the correctness of the entries in the service book–the nature of disputes which is being raised for the first time, it would not be just and proper for a Writ Court to delve into the facts and it would have only been in the fitness of things that such issue should have been raised by the University, by calling upon the petitioner to explain his position–impugned order, being in violation of the principles of natural justice, set aside–consequently, the petitioner shall continue as 'CCDC' if removed, directed to be reinstated forth with with all consequential benefits–Respondents No. 5 directed to handover charge to the petitioner–University directed to take fresh steps following the principle of natural justice, taking approval of the Chancellor of the University–Writ application allowed. (Paras 18 to 23, 32 to 35)

(2006) 2 SCC 215, (1980) 4 SCC 379, AIR 1967 SC 379, AIR 1967 SC 1269, AIR 1978 SC 851, (1976) 1 All ER 12 at page 19–Referred.

Rajeev Ranjan Prasad, J. – This writ application has been filed seeking the following reliefs: –

“(i) For quashing of letter dated 28.11.2022 from the post of Co-ordinator College Development Council (CCDC) by which petitioner has been removed arbitrarily from the post of CCDC without assigning any reason, without issuance of any show cause notice, without giving any opportunity of explanation, which is a violation of natural justice.

(ii) For setting aside letter No. 1994/Estab/2022 by which Dr. Vinay Kumar Mishra, Associate Professor, PG Physics Department has been appointed on the post of CCDC for the period left over of the petition, i.e., 27.08.2024.

(iii) For removal of respondent no. 2 from the post of Vice Chancellor for not having the appropriate qualification for holding the post of Vice Chancellor.

(iv) For removal of respondent no. 3, i.e. Registrar Veer Kunwar Singh University, Arrah from the post of Registrar as he was retired from his post in August, 2022 after completion of 62 years and also that he was suspended from 1.6.2021 vide Ref no. VC(R)/50/2021 by VC Prof. Dr. D.P.Tiwari.

(v) For directing the independent agency to do inquiry against respondent no. 2 for defalcation of money for withdrawing highest salary in respect of non-production of Last Pay Slip.

(vi) For directing the respondents to withheld the appointment of Guest teacher and promotions of teachers under various schemes.

(vii) For any consequential relief or reliefs for which the petitioner is entitled during the course of hearing.”

2. From the order dated 19.06.2023, it would appear that learned counsel for the petitioner has not pressed the prayer nos. (iii) and (iv).

Vide I.A. No. 01/2023 which has been allowed by order dated 03.08.2023 the writ petition has been amended with the following prayer: –

“(viii) That the petitioner may be reinstated not only on the post of CCDC but he may be reinstated on all the post which he was holding at the time of removal from the post of CCDC with all notified works.”

There is a statement that petitioner is withdrawing prayer no. (v) of the main writ petition as the same is connected prayer with prayer no.(iii).

Case of the Petitioner

3. In fact, the whole argument on behalf of the petitioner has centered around a challenge to the memo no. 1994 Estab/22 dated 28.11.2022 (Annexure ‘3’ to the writ application) issued under the signature of the Registrar of Veer Kunwar Singh University, Arrah (Respondent No. 3) whereby and whereunder the petitioner who was appointed as a Co-ordinator College Development Council (in short ‘CCDC’) of the Veer Kunwar Singh University, Arrah (hereinafter referred to as the ‘University’) in terms of Section 14-B of the Bihar State University Act, 1976 (hereinafter referred to as the ‘Act of 1976’) has been removed and in his place, Dr. Vinay Kumar Mishra, Associate Professor (Respondent No. 5) has been appointed for the remaining period up to 27.08.2024.

4. It is the case of the petitioner that earlier he had held the post of Associate Professor since 05.11.2010. Again, the petitioner was appointed on the post of CCDC vide letter no. 1597/Estb dated 27.08.2021 for a period of three years. A copy of the letter dated 27.08.2021 has been enclosed as Annexure ‘1’ to the writ application from which it appears that the petitioner was appointed on the post of CCDC in the light of Section 14 B of the Act of 1976.

5. It is his stand that the Respondent No. 2 who joined as Vice-Chancellor in the University on 24.08.2022 was indulged in doing illegal works and started allotting the works of the petitioner to the Registrar. The post of the Registrar is a non-teaching post of University and the allotment of sensitive/financial matters to the Registrar was in fact an interference in the work of CCDC. There are allegations that Respondent Nos. 2 and 3 had ignored all parameters of the recruitment of Guest Teachers in the University and was taking gratification to appoint Guest Teachers in the University in i















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