LAWS(PAT)-2001-4-32

GANGA PRASAD JHA Vs. VICE CHANCELLOR

Decided On April 06, 2001
Ganga Prasad Jha Appellant
V/S
VICE CHANCELLOR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and also learned counsel for the respondent University and considered the counter affidavit.

(2.) BY this writ application, the petitioners have prayed for quashing the impugned order of suspension, as contained in memo no. 8407 -33/2K dated 12.7.2000, passed by respondent no. 2, whereby and where under the petitioners have been put. under suspension and their headquarters has been fixed at a place more than 100 k.m. away from the headquarters. A further prayer has also been made for stay of departmental proceeding till the disposal of the criminal case of University Police Station Case No. 51/2000.

(3.) LEARNED counsel further submitted that for the same set of charges, for which the petitioners have been put under suspension, a criminal case has been also lodged against them in University Police Station Case No. 51/2000, and, therefore, the order impugned is not sustainable in law. Learned counsel for the petitioners has also tried to impress upon the court showing that since the charges in the criminal case and also in the departmental proceeding are one and the same therefore, it would be justiciable to stay the departmental proceeding till conclusion of the criminal case.