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2025 Supreme(Pat) 1350

IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR, J.
CWJC No.11558 of 2025
(13.10.2025)
Dr. Shishir Kumar Gangwar ... Petitioner
vs.
Dr. Rajendra Prasad, Central Agriculture University, Pusa & Ors. ... Respondents

Advocates:
For the Petitioner: M/s Shivendra Kishore, Sr. Adv., Saroj Kumar, Prisu Snehil.
For the Respondents: M/s P. K. Shahi, Sr. Adv., Vijay Shankar Upadhyay, Piyush Kumar Pandey.

Headnote:

Disciplinary Proceeding – The Board of Management, being disciplinary authority, having power of delegation under the statute may delegate its power to the Vice-Chancellor only to the extent of drawing the charge memo, but subject to approval by the disciplinary authority, before its issuance – Any memo of charge by the Chief Vigilance Officer without explicitly getting its approval by the Board of Management (Disciplinary Authority) cannot be held to be valid – The charge memo as contained in Memorandum set aside – Matter remitted to the disciplinary authority to proceed further in the matter in accordance with law. (Paras 33 & 34)

A. K. Roy Vs. State of Punjab, AIR 1986 SC 2160; Sahni Silk Mills (P) Ltd. Vs. Employees' State Insurance Corporation, (1994) 5 SCC 346 ; Director General, ESI Vs. T. Abdul Razak, (1996) 4 SCC 708; Steel Authority of India Vs. Presiding Officer, Labour Court, (1980) 3 SCC 734, Registrar, Cooperative Societies, Madras Vs. F. X. Fernando, (1994) 2 SCC 746; Union of India Vs. B.V. Gopinath, (2014) 1 SCC 351; State of Tamil Nadu Vs. Promod Kumar, IPS, (2018) 17 SCC 677—Relied.

State of M.P. Vs. Bani Singh, AIR 1990 SC 1308 ; P.D. Agrawal Vs. State Bank of India, (2006) 8 SCC 776; P. V. Mahadevan Vs. MD, T.N. Housing Board, (2005) 6 SCC 636; State of Punjab Vs. Chaman Lal Goyal, (1995) 2 SCC 570—Discussed.

Harish Kumar, J. – Heard learned Senior Advocate Mr. Shivendra Kishore, along with Mr. Saroj Kumar, learned Advocate for the petitioner and Mr. P. K. Shahi, learned Senior Advocate, duly assisted by Mr. Vijay Shankar Upadhyay, learned Advocate for the Dr. Rajednra Prasad Central Agriculture University.

2. Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, challenge in the present writ petition is made to a Memorandum, bearing no.19, dated 02.04.2025 (Annexure-P/1), issued under the signature of Chief Vigilance Officer, for and on behalf of the disciplinary authority Dr. Rajendra Prasad Central Agriculture University, Pusa (hereinafter referred to as ‘the RPCAU’) as also the departmental proceeding whereby and whereunder a charge-sheet for major penalty under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [hereinafter referred to as ‘the CCS (CCA) Rules, 1965’] was proposed to be held against the petitioner on the imputation of misconduct and misbehaviour set out in the statement of charge. Challenge is also made to the Memorandum no. 33 dated 09.07.2025, issued under the signature of Chief Vigilance Officer, for and on behalf of the disciplinary authority whereby a supplementary charge-sheet for major penalties under Rule 14 of CCS (CCA) Rules, 1965 was proposed to be held against the petitioner on the imputation of misconduct and misbehaviour mentioned in the article of charges. Since the aforenoted memorandum has been brought to the knowledge of the petitioner after filing of the present writ application, the same is challenged by filing an interlocutory application, bearing I.A. No. 1 of 2025.

3. To appreciate the legal issues raised before this Court, the brief facts, which are relevant for adjudication of the same, are summarized hereinbelow: –

(i) The petitioner, who was initially appointed to the post of Associate Professor on contract in the Animal Project Research Institute, Pusa. In the meanwhile, Advertisement No. 2/2017 dated 04.12.2017 (Annexure-P/2) was issued for appointment to the post of Programme Coordinator (Senior Scientist and Head) of Krishi Vigyan Kendra under RPCAU, Pusa.

(ii) The petitioner being found eligible submitted application for the post aforenoted along with other applicants. The application forms of the candidates were duly scrutinized and a call letter in favour of the candidates, including the petitioner, was issued to participate in the selection process. A selection committee was constituted and after interview the committee recommended the name of the petitioner for appointment to the post of Programme Coordinator (Senior Scientist and Head). The recommendation was duly approved by the Vice-chancellor and the Board of Management whereupon offer of appointment contained in letter dated 18.06.2019 (Annexure-P/4) was issued.

(iii) On completion of probation period of two years, the services of the petitioner was confirmed vide letter dated 28.08.2021 (Annexure-P/5) w.e.f. 18.06.2019. On 06.06.2024, a show-cause notice, duly issued by the Chief Vigilance Officer, RPCAU, Pusa was served upon the petitioner as to why his services be not terminated, since the services rendered as SRF and Visiting faculty undertaken by the petitioner do not qualify for counting in experience, as those were project based contractual appointment. Since the petitioner did not possess the experience in the stipulated pay structure or for the stipulated period, thus was not eligible for appointment.

(iv) The petitioner made a response to the showcause on 18.07.2024 refuting the allegation. On being found it unsatisfactory, the Chief Vigilance Officer issued impugned Memorandum dated 02.04.2025 for major punishment, which is put to challenge in the present writ petition.

4. After filing of the writ petition, the petitioner also came to know that a second memorandum containing supplementary charge-sheet for major penalty also came to b

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