SHEO NANDAN SINGH Vs. BIHAR AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The present writ petition has been filed for quashing the officer order dated 31.03.2012 issued by the Bihar Agriculture University, Sabour, Bhagalpur under the signature of the Vice-Chancellor of the University by which the services of the petitioner has been terminated in terms of clause 13.3 (1) and 13.3(3) (2b-iv). The petitioner has further prayed for reinstatement in service alongwith all consequential benefits.

(2.) The brief facts of the case are that the petitioner was initially appointed against the post of Assistant Professor-cum-Junior Scientist in the services of Rajendra Agriculture University, Pusa, Samastipur on 28.02.1993 whereafter he had joined at Bihar Agriculture College, Sabour. The case of the petitioner is that when he was working as an Assistant Professor-cum-Junior Scientist at Bihar Agriculture of University, Sabour, Bhagalpur, he was directed by the University of the college to submit his original certificate of matriculation, Intermediate, B.Sc. Agriculture and M.Sc. Agriculture, which were submitted on 01.02.2003. Thereafter, the petitioner was transferred from Bihar Agriculture College, Sabour, Bhagalpur to Pulse Research Centre, Mokama and the petitioner had requested the Principal of Bihar Agriculture College, Sabour to return the original certificates.

(3.) It is the case of the petitioner that he had proceeded on medical leave from 08.03.200 and had remained as such till 06.10.2000. However, during the said period the petitioner was put under suspension by office order dated 27.03.2010 on the charges of disobedience and negligence in executing the orders with respect to submission of his matriculation certificate. The petitioner is said to have joined on 15.11.2010 in the office of the Director, Research, Agriculture College, Pusa, Samastipur, which was the headquarter fixed by the University during the period of suspension of the petitioner. The petitioner is stated to have challenged the order of suspension before this Hon'ble Court by filing a writ petition bearing C.W.J.C. No. 15059 of 2010 and this Hon'ble Court by an order dated 17.05.2011 had directed the University to verify the matriculation certificate with regard to the date of Birth of the petitioner herein and it was also clarified that if the matriculation certificate is not available, the onus would lie on the petitioner. The petitioner had challenged the said order dated 17.05.2011 before the learned Division Bench in L.P.A. No. 1546 of 2011, however, the same was dismissed by an order dated 18.11.2011, relevant paragraph whereof is reproduced herein below:-