ORAL JUDGMENT

Date : 19-02-2024 Heard Mr. Abhinav Srivastava, learned counsel on behalf of the petitioner, Mr. K.K. Nayan (AC to SC-28) for the State as well as Mr. Kinkar Kumar, learned counsel appearing on behalf of the Patna University (herein after referred to as the “University”).

2. By the present writ application, the petitioner seeks following relief:-

(i) Issuance of a direction, order or writ quashing that part of the order dated 19.09.2018 passed in the Complaint bearing No.1/ Lok (Education) 26/2016 by the Institution of Lokayukta, Bihar, Patna by which nothwithstanding the fact that the University being the disciplinary authority of the petitioner had already issued a notification dated

16.08.2018, by which certain punishments in terms of the Service Statutes applicable in the cases of the employees of the University have already been inflicted upon the petitioner, the subject matter of allegations against the petitioner had been directed to be examined by an enquiry committee constituted by the Institution of Lokayukta.

(ii) For issuance of a direction, order or writ commanding the Institution of Lokayukta, Patna, Bihar to refrain from proceeding further in the matter relating to the petitioner on the basis of report submitted by a committee constituted pursuant to the orders passed by the Hon’ble Chancellor of Universities and also on the basis of a detailed Department of enquiry conducted by the University, punishments have already been inflicted upon the petitioner, which are subject matter of one C.W.J.C. No.11573/2018 and C.W.J.C.

No.17226/2015, which are pending adjudication before this Court.

(iii) For issuance of any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case.

3. Mr. Abhinav Srivastava, learned counsel appearing on behalf of the petitioner submits that on the basis of the recommendation made by the erstwhile Bihar State University (Constituent Colleges) Service Commission following a full- fledged process of selection, petitioner was appointed against the post of Lecturer in Commerce in the University and on 05.11.1996, he submitted his joining against the said post, which was duly accepted by the concerned Authorities. Thereafter, petitioner started discharging his duties in the capacity of Lecturer of Commerce in the University in accordance with law. Later on, petitioner was promoted in the rank of Associate Professor in Commerce w.e.f 05.11.2008 in the services of the University. While, the petitioner was continuing in service as Associate Professor in Commerce of the University, by a notification dated 23.05.2014, issued by the orders of the Chancellor of Universities, Patna, Bihar, petitioner was appointed against the post of Controller of Examinations under Maulana Mazharul Haque Arabic & Persian University, Patna, on deputation.

4. He further submits that, while the petitioner was continuing his service as Controller of Examinations under the Maulana Mazharul Haque Arabic & Persian University, Patna, certain complaints were made before the Chancellor of the Universities, Patna, Bihar. In persuance thereof, an enquiry was conducted by a retired Hob’ble Judge of this Court, who submitted his report and on the basis of the said report, on 25.11.2016, a letter was issued by the concerned Authorities (Annexure-2 to this writ petition), by which the Vice Chancellor of Maulana Mazharul Haque Arabic & Persian University, Patna was directed to replace the petitioner from the post of Controller of Examinations.

5. He further submits that the petitioner was neither been given any opportunity of being heard nor a copy of the enquiry report was furnished to him and in this manner, he was sought to be removed from the post of Controller of Examinations only on the basis of an enquiry which was conducted deceitfully.

6. In furtherance of the letter dated 25.11.2016, petitioner was relieved from the post of Controller of Examinations of Maulan