Aniruddha Bose, J.

We are taking up this appeal for hearing at this stage only on consent of the learned Advocates appearing for the parties.

2. The appellant was working as an Office Assistant in J.J. College, Jhumeretilaiya in the District of Koderma under the administrative control of Vinoba Bhave University. On 23rd July, 1978 an F.I.R. was registered against him on the allegation of defalcation of funds. The sum involved, we are apprised by Mr. Tandon, learned counsel for the appellant, was Rs.1150/-. Subsequently, upon trial he was convicted under the provisions of Sections 408/477(A) of the Indian Penal Code and sentenced to rigorous imprisonment for six months along with a fine for Rs.1000/-. The judgment of conviction was delivered on 15th September, 1989. The appellant, however, was on bail during the pendency of the appeal instituted by him against the judgment of the Trial Court. He was successful in his appeal before the learned 1st Additional Sessions Judge, Koderma. He was acquitted of the charges.

3. The appellant was placed under suspension on 23rd July, 1978. After his conviction, a show cause notice was issued to him and thereafter he was dismissed from service on 18th September, 2003. The ground for his dismissal, as it appears from the memorandum issued by the Registrar of the University bearing No. VBU/R/P/1380/2003 dated 18th September, 2003, was his conviction in the criminal case. The said instrument, made Annexure-1 to the memorandum of appeal, is reproduced below :-

“That the Vice-Chancellor has gone through the records of the case relating to Sri Raj Ballabh Sharma, a suspended grade-III employee of J.J. College, Jhumritelaiya;

That it was found that a criminal case was instituted against Mr. Sharma under Section 408, 420 and 477 of I.P.C. in relation to defalcation and forgery.

That the said employee was convicted in the said criminal case by judgment of 1st Class Magistrate, Koderma dated 15th September, 1989.

That the said employee was served notice (VBU/P/577/2003 dated 11.4.2003) to give any proof if he had been acquitted by any competent court of law.

That after examining his reply, he was served with a show-cause notice (VBU/P/731/2003 dated 10.05.2003). That after going through the reply dated 22.05.03 of the employee to the show-cause notice, the Vice-Chancellor is convinced that the concerned employee has been convicted by a competent court of law in relation to charges amounting to morale turpitude.

Therefore, in exercise of his powers vested in him under section 10(18) of Jharkhand State University Act 2000, as amended up-to-date and section 16 of the concerned statue, the Vice-Chancellor has been pleased to pass orders dismissing Sri Raj Ballabh Sharma from the services with immediate effect.”

4. As we have already indicated, he was acquitted by the Appellate Court on 4th January, 2005. On 9th July, 2005 he made a request for reinstatement based on the judgment of acquittal by the Appellate Court. The representation was made before the Vice Chancellor of the University. This request or representation, however was kept pending and no decision was taken in that respect. Thereafter the appellant instituted a writ petition before this Court on 7th March, 2007. In the writ petition prayer was made for quashing the dismissal order and for restoration of all pay and benefits for the period he was kept under suspension and the period he remained under order of dismissal, deducting there from subsistence allowance received by him. The learned First Court dismissed the writ petition, primarily referring on Section 10(18) of the Jharkhand University Act, 2000. Under the aforesaid provision, the Vice Chancellor has been conferred the power to take disciplinary action against all employees of the University including officers and teachers thereof. The learned First Court opined :-

“4. From the aforesaid, it is apparent that the Vice- Chancellor has power and jurisdiction to pass an order of dismissal