JUDGMENT :

Heard the parties.

2. The petitioner has prayed for quashing the Notification dated 29.4.2020 issued by respondent no. 3, whereby the petitioner has been put under suspension with immediate effect and further for a direction to the respondents not to give effect to the said notification after release of petitioner from judicial custody on 5.6.2020. Prayer for direction upon the respondent has also been made to grant the entire remaining salary to the petitioner from the date of his joining on 6.6.2020.

3. As per the factual matrix, the petitioner was appointed as Lecturer in G.L.A. College, Daltonganj under Ranchi University on 3.3.2008, pursuant to recommendation of Jharkhand Public Service Commission. Alleging serious discrepancies in the selection process of Lecturer, pursuant to Advertisement No. 01/2007, through which the petitioner was selected, a Public Interest Litigation, being W.P.(PIL) No. 3594 of 2011 was filed before this Court. In view of direction passed by this Court, Anti Corruption Bureau, on the basis of the preliminary enquiry, lodged a case, being RC 4(A)/2013-R dated 30.4.2013 under sections 120-B, 420, 468, 471 of the Indian Penal Code read with sections 13(2)/13(1)(d) of the Prevention of Corruption Act against the officials of Jharkhand Public Service Commission and other persons including this petitioner. Thereafter the petitioner was arrested on 18.3.2020. In the light of the aforesaid facts, the Vice-Chancellor (respondent no.3) in exercise of power vested with him under the Jharkhand State Universities Act put the petitioner under suspension with immediate effect i.e. on 29.4.2020. After release from judicial custody on 5.6.2020, the petitioner gave his joining in the College on 6.6.2020. When his joining was not accepted and no revocation order was passed, in spite of several representations made by him, the petitioner is constrained to knock the door of this Court for appropriate relief.

4. The respondent-University filed its counter affidavit stating inter alia that on the legal opinion of the learned Advocate General, Jharkhand about revocation of the suspension of the petitioner, the Syndicate on 27.7.2021 vide Agenda No. 16/21 resolves not to revoke the suspension of the petitioner.

5. Mr. Ajit Kumar, learned senior counsel appearing for the petitioner assiduously argues that the suspension of the petitioner is deemed to have been revoked on joining of the petitioner on 6.6.2020 after his being released from custody and if a fresh order of suspension could not have been passed by giving valid reasons, in view of clear term of Section 69 of the Jharkhand State Universities Act, 2000. Learned senior counsel further submits that the respondent University has adopted pick and choose policy in revocation of suspension order, inasmuch as, in similar situation, one Dr. Santosh Swaroop Shandilya, Assistant Professor, working in Sanskrit B.S.College, Lohardaga under Ranchi University, who was also arrested in connection with the same case, was put under suspension with effect from 20.7.2020 and after his being released on bail, his suspension was revoked on 8.12.2021. Learned senior counsel further submits that in view of the provisions of section 69 of the said Act, when no fresh order of suspension was passed against the petitioner, he was entitled to his regular salary from the date of his joining in the college on 6.6.2020. Learned counsel lastly submits that continuation of the petitioner under suspension has unnecessarily humiliated and adversely affected the dignity and prestige of the petitioner. In support of his contention, learned senior counsel places heavy reliance upon the decisions in the cases of Nand Kishore Singh Vs. State of Bihar & Ors., reported in 2000 SCC OnLine Pat 783, Prof. Lal Chandra Churamani Nath Sahadeo Vs. State of Jharkhand & Ors,. reported in 2001 SCC OnLine Jhar 116 and Pawan Kumar Kedia Vs. The State of Jharkhand & Ors, reported in 2016 SCC OnLine Jhar 1257.

6.