PRABHAKARSINHA Vs. BIHAR UNIVERSITY

JUDGEMENT

(1.) -The petitioner has impugned the notice (Annexure- 1) issued by the Registrar, the relevant portion of which reads as follows : "The vice-Chancellor has been pleased to order that the salary bill of teachers may be sent to the University by the 18th of each month for disbursement and it may not be necessary to attach their monthly progress report alongwith the salary bills. However, it is made clear that it is mandatory on the part of teachers to submit their monthly progress report to the University through the concerned heads of Institution so as to reach the University latest by tbe 5th of every month. I am further directed to inform you that the salary bill of teachers for the month of October, 1991 may now be sent to the University immediately for disbursement. As a special case, the progress report for the month of October, 1991 must reach the University in prescribed manner latest by the 25th November, 1991, failing which it may not be possible to release their salary for the month of November, 1991.

(2.) The petitioner claims to be an University Professor of English in the Bihar University posted at R. D. S. College, Muzaffarpur. His case is that the Vice-Chancellor has passed the impugned order on the direction of the Chancellor of the University and the same has been notified by the Registrar of the University. The notice is impugned on three main grounds.

(3.) It is firstly contended that by the impugned notice a new service condition has been added, which is unwarranted. He submits that in the absence of any provision in the statutes authorising the action contemplated by the notice, the notice is illegal He further submits that the notice imposes a punishment which is contrary to the statutes. He lastly submits that even if such conditions were incorporated iu the statutes of the University, it would be contrary to Article 14 of the Constitution, being arbitrary, unreasonable and coercive.