KAMLESHWARI PANDIT Vs. TILKA MANJHI BHAGALPUR UNIVERSITY

JUDGEMENT

(1.) THE petitioner was engaged on daily wage to perform the duty of Guard on 20th October, 1987 in R.D. & D.G. College, Munger. Subsequently, he was disengaged in 1990. After some sort of agreement reached on 30th January, 1992, between Class -IV Association; Vice Chancellor of University; and the College authority; and in terms with letters of Registrar, Bhagalpur University being Nos. 23359 dated 2nd February, 1992 and 1392 dated 27th March/13th April, 1992, the petitioner was given reemployment by the Principal of the College on 29th January, 1993. Though, he was shown to have been regularised but, in fact, on re -employment, the petitioner continued to receive daily wage till the impugned order was issued on 17th November, 1997.

(2.) IT appears that some theft took place in the Chambers of the Principal of the College on 27th October, 1997 and F.I.R. was lodged. The petitioner and another were taken in custody on 28th October, 1997, whereinafter the petitioner obtained bail and released on 9th October, 1997. After release of petitioner, when he reported to join, the Principal of the College issued impugned Order No. 75/97 dated 17th November, 1997. By the said order, the period spent in custody (28th October 1997 to 9th November, 1997) was treated to be break in service and it was ordered that his joining will be accepted after decision of the Court in the criminal proceeding.

(3.) THE question as to whether the Principal has the jurisdiction to regularise the service of the petitioner or not, is not required to be determined in the present case. The fact that the petitioner was reengaged/re -employed in the year 1992 -93 has not been disputed by the University.