OM PRAKASH SINGH Vs. VICE-CHANCELLOR

JUDGEMENT

(1.) THE petitioner filed C.W.J.C. No. 5546 of 2002: Om Prakash vs. The Vice -Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur and ors.

(2.) THE petitioner resisted his transfer from Marwari College, Bhagalpur to T.N.B. College, Bhagalpur. The transfer had been made on administrative grounds. Three others had also been transferred by a common order. The petitioner challenges the order, to the effect, that the Vice - Chancellor had no authority to transfer him.

(3.) THE place where the petitioner was employed, rightly or wrongly, is not an issue in this Letters Patent Appeal nor was an issue before the learned Single Judge. The place where he was employed is Marwari College,Bhagalpur. The reasons for transfer are administrative. As the petitioner did not come out with the fact which he should have, learned counsel appearing for the Tilka Manjhi Bhagalpur University states that there is an inquiry on the appointment of the petitioner itself and even the post on which he was appointed was designated or sanctioned. In fact, it has been pointed out to the Court that a chargesheet dated 26 July, 2002 has been issued to the petitioner. This Court is not asking the petitioner 'scounsel whether the petitioner has received it or not. Suffice it to say that on the proceedings at the Bar of this Court, now he has the knowledge that there is a chargesheet. It will not be appropriate for the Court to repeat the contents of the chargesheet. Let the proceedings be not prejudiced as these are matters for departmental proceedings.