IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2253 of 2024 ======================================================

Prof. Sheikh Mujtaba Hussain Son of Late Sheikh Basharat Ali Resident of Shaheen Lodge, Opposite Khuda Bakhsh Library, Ashok Rajpath P.S.

Pirbahore, Patna. ... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. Principal Secretary, Department of Higher Education, Government of Bihar, Patna.

3. Patna University through its Registrar, Patna.

4. Vice-Chancellor, Patna University, Patna.

5. Registrar, Patna University, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate Mrs. Anju Kumari @ Anju Narain, Advocate For the State : Mr. Addl. Advocate General 5 For the Patna University: Mr. Manish Dhari Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

Date : 13-01-2026 Heard Mr. Rajendra Narain, learned Senior Advocate for the petitioner and the State as well as Mr. Manish Dhari Singh, learned Advocate for the Patna University.

2. The petitioner is aggrieved with the order dated

11.04.2019 passed by the Vice-chancellor, Patna University communicated under the signature of Registrar of the University vide Letter No. G/7600 dated 20.04.2019 by which the respondent University communicated that since the earlier decision dated 12.09.2007, terminating the services of the petitioner with retrospective effect from 03.07.2002 has been held to be bad in law by the Court in C.W.J.C. No. 5638 of 2017, therefore under the impugned order dated 11.04.2019 / 20.04.2019, the respondent University has decided to forfeit the past service of the petitioner alleging misconduct. The petitioner also sought quashing of the order contained in Letter No. G/7788 dated 25.05.2019 issued under the signature of Registrar, Patna University informing the petitioner that his past service is forfeited due to misconduct.

3. Briefly stated, the petitioner was initially appointed as a lecturer in the Department of Sociology, B.N. College, Patna University on 28.03.1973. The services of the petitioner was duly confirmed and later on being found eligible was promoted to the post of Reader with effect from 01.02.1985 vide notification no. G/668 dated 21.09.2000. The petitioner was also promoted as University Professor with effect from 29.05.1989 under the University Notification No. G/352 dated 10.01.1991. While performing the duties of the University Professor, the petitioner applied for Study leave from 01.04.2002 with an ambition and desire to write books. The petitioner was asked and assured by the concerned authorities that the formalities of grant of leave applied for would be completed and so the petitioner was asked to make/proceed with preparation for his book writing work. The petitioner proceeded on Study leave from 03.07.2002.

4. The petitioner’s books were published from time to time by different book publishers, however, on completion of the Study leave under the duly approved Statute for the University, which may extend up to five years in appropriate cases, especially in terms with Clause 6 (g) and Article 25 of the said Statutes, when the petitioner returned to join back his service and post in the University, he was informed that the University had already terminated him, but no such letter of termination was ever served on him. The petitioner, on enquiry, came to know that a letter from the Patna University under Memo No. G/2058 dated 12.09.2007 issued under the signature of Registrar, Patna University stating therein that the petitioner’s service had been terminated with effect from 03.07.2002. The afore noted order since passed without assigning any reason or any ground nor referring to the provision of law, apart from being cryptic, totally illegal and arbitrary was brought to the knowledge of all