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IN THE HIGH COURT OF ORISSA
V. Gopala Gowda, B.N. Mahapatra, JJ.
SHRI HEMANTA KUMAR PANDA, ADVOCATE - APPELLANT
Versus
COMMISSIONER-CUM-SECRETARY TO THE CHANCELLOR - RESPONDENT
Writ Petition (C) No. 8327 of 2010
Decided On : 12-05-2011
C.B.I. - Allegations against Berhampur University - University Act, 1989 - Section 23, Section 29 - The court dismissed the writ petition seeking a C.B.I. investigation into allegations against Berhampur University, citing that the petition was not maintainable and not a fit case for a C.B.I. inquiry.
Fact of the Case:
The writ petition was filed seeking a C.B.I. investigation into allegations against Berhampur University, including financial irregularities, mismanagement, and corruption. The petitioner claimed to be a social and human rights activist and alleged rampant malpractices and corruption at the university, resulting in a deterioration of the standard of education.
Finding of the Court:
The court found that the writ petition was not maintainable and dismissed it. It noted that the allegations were not substantiated and that the University Act provided adequate safeguards against financial irregularities, including provisions for audit of accounts and the power to remove individuals from university authorities for misconduct.
Issues: The main issue was the maintainability of the writ petition and whether a C.B.I. investigation was warranted.
Ratio Decidendi: The court emphasized that public interest litigation should be aimed at redressal of genuine public wrong or public injury and not founded on personal vendetta or ulterior motives. It also highlighted the need for public interest litigation to involve a public injury caused by wrongful acts or omissions of the state or a public authority.
Final Decision: The court dismissed the writ petition, stating that it was not maintainable and not a fit case for a C.B.I. inquiry.
JUDGMENT :
B.N. Mahapatra, J. - This writ petition has been filed for a direction to the Central Bureau of Investigation (for short, 'CBI') to investigate into the allegations basing upon which various reports have been submitted, i.e., R.C.Behera Inquiry Report (Annexure-2), State Women Commission Enquiry Report dated 16.05.2008 (Annexure-3) on the allegation of women students, State Women Commission Report dated 19.05.2008 (Annexure-4) on the allegation of a lady Professor, complaint dated 10.12.2008 (Annexure-6) of Miss Bhagyalaxmi Pradhan, Enquiry Report dated 19.2.2010 (Annexure-8) submitted by Commissioner-cum-Secretary, Higher Education Department and on daily media diary (Annexure-10). Further, prayer of the Petitioner is to direct Special A.G. (Audit) to make audit of the accounts of the Berhampur University.
2. This writ petition in the nature of a Public Interest Litigation has been filed by a practising Advocate claiming himself as a social as well as human activist. According to the Petitioner, after passing LL.B. and LL.M. from Berhampur University in 2009 he has registered his name in the same University for Ph.D. in Law. Besides his engagement in legal profession, he is also actively engaged in social and human rights activities and is deeply acting against the corruption, nepotism, favouritism in all governmental works to save the public funds from being siphoned by the corrupted government officials.
3. Petitioner's case in a nut shell is that Berhampur University has been established in the year 1967 and during last 43 years it has been recognized as a premier University in India. There are twenty-one departments of different disciplines wherein around twelve hundred students are admitted every year. Initially, one hundred fifty teaching staff were appointed, but due to deteriorating condition of the University in various fronts student strength has been reduced to eight hundred and teaching staff have also been reduced to one hundred. Gradual reduction of students as well as strength of teaching staff is solely attributed to rampant malpractices, corruption, irregularities, illegal appointment and promotion of teachers, blatant violation of University Rules and Regulations and academic norMs. All these have resulted in completely jeopardizing the faith of the people in the standard of education in Berhampur University. The Hon'ble Chancellor, Berhampur University on the request of the State government on several complaints has been pleased to appoint Sri R.C.Behera, the then Revenue Divisional Commissioner, Southern Range to hold an enquiry and furnish a report on the complaints made against Prof. (Dr.) B.K.Sahu (O.P. No. 4) and others. Sri R.C.Behera, as enquiry officer, has conducted enquiry into the alleged commission of irregularities and submitted a report to the Hon'ble Chancellor, Berhampur University alleging various illegalities and irregularities like illegal appointment of Dr. B.K.Sahu as Professor of Marine Science, misutilization and misappropriation of funds, fake and fraudulent research conducted by Dr. B.K.Sahu, financial irregularities, manipulation in examination and criminal conspiracy, gross irregularities in the office of the D.O.D., illegal appointment of Dr. Dipak Ranjan Das, Research Associate and multi-crore scam in Marine Science Department along with various recommendations. According to the Petitioner, the Hon'ble Chancellor on receipt of the R.C.Behera Enquiry Report vide letter dated 17.08.1999 directed the Vice-Chancellor to place the enquiry report before the Syndicate. Pursuant to such direction of the Hon'ble Chancellor, Syndicate of the Berhampur University considered the enquiry report of Sri R.C.Behera and took action against the officials excluding Prof. Dr. B.K.Sahu (O.P. No. 4) because of deep rooted conspiracy and unholy nexus. Dr. B.K.Sahu being a student of Chemistry could become a Professor of Marine Science by gaining favour of different authorities in the process o
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