(1.) The present writ petition has been filed seeking quashing of the order dated 13.12.2018 passed by the Chancellor, Magadh University, Bodh Gaya, as communicated to the petitioner vide letter dated 13.12.2018, whereby and whereunder the petitioner has been directed to submit his resignation from the post of Vice-Chancellor, Magadh University, Bodh Gaya on or before 13.12.2018, failing which it shall be deemed that the petitioner has resigned from the said post. The petitioner has also challenged the Notification No. MU/47/ 2017-2092/Ra. Sa. (1) dated 07.08.2018, issued by the Governor's Secretariat, Raj Bhawan, Bihar, under the orders of the Chancellor, Magadh University, Bodh Gaya, whereby and whereunder a two member enquiry committee was constituted to enquire into the allegations against the petitioner. Consequently, the petitioner has prayed for quashing the enquiry report dated 26.09.2018. Lastly, the petitioner has prayed for holding and declaring that the petitioner was never removed from the post of Vice-Chancellor, Magadh University, Bodh Gaya pursuant to the aforesaid order dated 13.12.2018 and as a consequence thereof, he be deemed to have continued to discharge his duties and exercise his powers of the said post of Vice-Chancellor, Magadh University with effect from 13.12.2018 onwards till date and to grant all consequential benefits arising therefrom.
(2.) The brief facts of the case are that the petitioner was initially appointed on the post of Lecturer in the subject of Economics on 11.01.1977 in S.D. Jain College, Ara under the Magadh University, Bodh Gaya, whereafter he was promoted on the post of Reader and then to the post of Professor whereupon he superannuated with effect from 31.03.2017. The petitioner is stated to have been appointed as Vice-Chancellor, B.N. Mandal University, Madhepura, whereafter he was appointed as the Vice-Chancellor of M.M.H. Arabic & Persian University, Patna, vide Notification dated 24.01.2008 and then vide Notification dated 07.05.2014, the petitioner was appointed as the Vice-Chancellor of Sido Kanhu Murmu University, Jharkhand. It is the case of the petitioner that considering the excellent track record of the petitioner, the Chancellor of the University of Bihar, vide Notification dated 20.03.2017 had appointed the petitioner as the Vice-Chancellor of the Magadh University, Bodh Gaya for a period of three years from the date of assuming the charge of his office. The petitioner is stated to have assumed the charge of the said office on 28.03.2017 and had continued to work on the said post till the passing of the impugned order dated 13.12.2018.
(3.) It is the further case of the petitioner that vide Notification dated 07.08.2018, issued by the office of the Chancellor, Bihar, a Two Men Committee was constituted to enquire into the allegations received by the said office against the petitioner herein. The Enquiry Committee was constituted to hold enquiry against the petitioner with regard to total number of 18 charges framed against him, as enclosed with the Notification dated 07.08.2018. The Enquiry Committee had held its first meeting at the office of the Magadh University, Bodh Gaya on 21.08.2018. The aforesaid Committee is said to have met on couple of occasions and had also directed the petitioner to put forth his defense along with facts and evidence. In fact on 04.09.2018, one of the persons who had made allegations against the petitioner had also appeared before the Committee, apart from other officials like the dean management, dean of departments of student welfare, commerce and law of the Magadh University, Bodh Gaya, who had also appeared suo-moto before the Committee and had handed over a petition in favour of the petitioner. At this juncture, the learned senior counsel for the petitioner has submitted that the petitioner was not afforded any opportunity to examine/cross-examine any of the persons who had raised allegations against him. Ultimately, the Committee had submitted its enquiry report dated 26.09.2018, holding 12 charges, out of a total number of 18 charges, to have been found to be proved/ partially proved. Thereafter, the Chancellor had issued notice dated 29.09.2018, enclosing a copy of the enquiry report dated 26.09.2018, calling upon the petitioner to submit his response to the charges which have been found to have been proved/partially proved as against him by the Committee. The petitioner had then requested for extension of time to file his reply vide his letter dated 09.10.2018, whereupon the petitioner was granted time till 12.11.2018 to file his reply, by a letter dated 29.10.2018 issued by the office of the learned Chancellor. The petitioner had then submitted his reply to the enquiry report, vide letter No. 159/18 and letter No. 160/18, both dated 21.11.2018.
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