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ANJANI KUMAR SHARAN
Girijesh Nandan Kumar, Son of Harnandan Sharma – Appellant
Versus
Tilka Manjhi Bhagalpur University Bhagalpur, through the Vice Chancellor – Respondent
JUDGMENT :
(Anjani Kumar Sharan, J.)
Heard Mr. Sarv Deo Singh, learned counsel for the petitioner, Mr Anjani Kumar, learned Senior Counsel for the University assisted by Mr. Ashhar Mustafa and Mr. Jitendra Prasad Singh, learned Senior Counsel for the Hon’ble Chancellor assisted by Mr. Rajiv Ranjan Kumar Pandey.
2. Having heard learned counsel for the parties and for the reasons stated in this interlocutory application, this I.A. No. 01/2024 is allowed and the reliefs prayed in this interlocutory application shall also be treated as a part of the relief prayed in the main writ application.
3. That the present writ application is being filed on behalf of the petitioners for the following relief(s):-
(ii) Through IA No. 01 of 2024, the prayer in the writ application was sought
The Vice-Chancellor of a university has the authority to suspend and take disciplinary action against officers, including the Registrar, as per the Bihar State University Act, 1976.
Section 13 of University Act, 2000 clearly states that Registrar shall be a full time officer of University and shall be appointed by State Government.
The Chancellor's suspension of the Vice-Chancellor was invalid due to failure to consult the State Government, violating procedural safeguards and natural justice principles.
The principle of natural justice does not apply to the issuance of an order of suspension as it is an ad-interim measure during the pendency of the departmental proceeding.
The Court emphasized that the lack of jurisdiction of the disciplinary authority nullifies all subsequent steps in the disciplinary proceedings.
The word “misconduct” on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of the duty.
Dismissal of an employee without a fair inquiry violates natural justice principles and statutory provisions, making the writ petition maintainable despite alternative remedies.
The court established that a university servant's suspension must be based on sufficient prima facie evidence of misconduct, as outlined in the Bihar State Universities Act, and that the right to pro....
The main legal point established in the judgment is that the power to initiate disciplinary proceedings rested with the Executive Council (EC) as the Competent Authority, and in the absence of delega....
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