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.

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):-

“(i) To quash the Office Order No. 08/2024 contained in memo no. 327-395 dated 08.01.2024, by which the petitioner has been put under suspension. However, the said office order is without jurisdiction on the ground of that the Vice-chancellor is not the Appointing Authority and the action is against the Article 311 of the Constitution of India and against the Act and Statute4 of the Bihar State University Act, 1976.

(ii) Through IA No. 01 of 2024, the prayer in the writ application was sought to be amended by adding additional prayer to quash Office Order No. 13 of 2024 contained in Memo No. 429-434 dated 16.01.2024, by which a committee has been constituted by the University for departmental enquiry against the petitioner.

And for any other relief/reliefs the petitioner may be found entitled in the facts and circumstances of the case.”

4. The facts of the present case is that the petitioner is Associate Professor in the Department of English at J.N.L. College, Khagaul under the Patliputra University, Patna. After following the due process of selection the petitioner was appointed as Registrar in Tilka Manjhi Bhagalpur University, Bhagalpur. The appointment letter was issued by letter no. 1272 dated 05.08.2022 from the Office of Governor Secretariat, Bihar, Patna, (Annexure-P/1 of the writ petition). The petitioner was relieved from the college by the Principal of the J.N.L. College, Khagaul by letter no. 364/GS/2022 dated 06.08.2022. The said letter of relieving was issued considering the appointment order dated 05.08.2022 as Registrar of the Tilka Manjhi Bhagalpur University, Bhagalpur (Annexure-P/2 of the writ petition). The petitioner given his joining before the University as Registrar. An Office Order No. 86/2022 which contained in Memo No. 8837-8907 dated 06.08.2022 issued by the University, the petitioner assumed the charge of the Office of Registrar (Annexure-P/3 of the writ petition).

5. Thereafter, the petitioner had written a letter to the Registrar of the Patliputra University, Patna on 08.08.2022 for grant of lien as well as relieving from Patliputra University. The said request letter was submitted by the petitioner in the light of appointment letter issued by the Office of Governor Secretariat, Bihar, Patna, dated 05.08.2022 being appointed as Registrar of the Tilka Manjhi Bhagalpur University, Bhagalpur (Annexure-P/4 of the writ petition). Learned counsel for the petitioner submits that there are some glaring facts which demonstrate that the present Vice Chancellor is not liking the petitioner as Registrar. There are some prejudicial circumstances in respect of this petitioner in the eyes of present Vice-Chancellor, meaning thereby in the service career the Vice-Chancellor has inimical attitude with this petitioner and therefore, he could not digested this petitioner as Registrar of the University. The petitioner was appointed as Registrar on 05.08.2022 and the present Vice-Chancellor joined as Vice-Chancellor of the University on 23.08.2022 in the light of order issued from the Governor Secretariat, Bihar, Patna. Having the prejudicial attitude and with the malice view, the Vice-Chancellor issued an Office Order No. 08/2024 which contained in memo no. 327-395 dated 08.01.2024 (Annexure-P/5 of writ petition) by which the pet