Advocates:
['Sarva Deo Singh', '', 'Sanjay Kumar', 'Rashid Izhar', '', 'Rajendra kumar Giri', 'Rakesh Kumar Samrendra', 'NIRANJAN KUMAR']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4103 of 2019

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Shiv Pujan Tiwari son of Muni Tiwari resident of E- Sector, Vijay Nagar,

Police Station- Patrakar Nagar, Kankarbagh, Patna- 26, District- Patna.

... ... Petitioner/s

Versus

1.

The Vice Chancellor, Purnea University, Purnea.

2.

The Registrar, Purnea University, Purnea.

3.

The Principal Secretary, Governor Secretariat, Raj Bhawan, Bihar, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Sarva Deo Singh

For the Respondent/s

:

Mr.Rashid Izhar

For Purnea University : Mr. Rakesh Kr. Samrendra

: Mr. Niranjan Kumar

======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

C.A.V. JUDGMENT

Date : 30-05-2019

1.

The present writ petition has been filed for

quashing the order dated 13.12.2018 issued by the Registrar,

Purnea University, Purnea, whereby and whereunder, it has

been communicated to the petitioner herein that he has been

put under suspension by the Vice Chancellor of the

University.

2.

The brief facts of the case are that the petitioner

belongs to the Indian Audit and Accounts Services and he was

appointed as Finance Officer in the Purnea University, Purnea

by the Hon’ble Chancellor after due consideration of the panel

from the office of the Accountant General, Bihar, Patna vide

Patna High Court CWJC No.4103 of 2019 dt. 30-05-2019

2/9

notification dated 23.10.2018 issued by the Additional

Secretary, Government’s Secretariat, Bihar, Patna. The

petitioner is said to have joined the Purnea University as

Finance Officer on 03.11.2018, however without any rhyme

or reason, the petitioner was put under suspension in an illegal

manner by a communication dated 13.12.2018.

3.

The learned counsel for the petitioner has

submitted that Section 7 of the Bihar State Universities Act,

1976 defines Officers of the University to be the following :-

“1) The Chancellor

2) The Vice-Chancellor

3) The Pro Vice-Chancellor

4) The Financial Adviser

5) The Dean, Student’s Welfare

6) Proctor

7) Registrar

8) Inspector of Colleges

9) Finance Officer and

10) Such other person or persons as may

be declared officers of the University by

the Statute.”

The learned counsel for the petitioner further

submits that the Vice-Chancellor can only take disciplinary

action against the employees of the University and against the

officers mentioned at serial no. 5 to 8 in Section 7 of the Act,

1976, however the learned counsel for the petitioner has failed

to pin-point any such provision in the Bihar State Universities

Patna High Court CWJC No.4103 of 2019 dt. 30-05-2019

3/9

Act, 1976. It is next contended that since the appointing

authority of the petitioner is the Hon’ble Chancellor, the

disciplinary action can only be taken by the Hon’ble

Chancellor, he being the appointing authority of the petitioner

herein and since the Vice-Chancellor is not the appointing

authority of the petitioner, he could not take the decision of

putting the petitioner under suspension. Further, it is

contended that even as per Article 311 of the Constitution of

India, the appointing authority is only empowered to take

action and dismiss/ reduce in rank, an employee who holds a

civil post under the Union or the State Government. It is thus

submitted that the impugned order dated 13.12.2018 is fit to

be set aside, being without jurisdiction.

4.

Per contra, the learned counsel for the

respondent- Purnea University, referring to the counter

affidavit filed in the present case, has submitted that the order

of suspension passed by the Vice-Chancellor is well within

the jurisdiction and requires no interference, inasmuch as the

petitioner has been suspended on account of his unruly and

ugly behavi