SANTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner was a lecturer in the department of political science in Allama Iqbal College, Biharsharif, Nalanda. He filed the present writ petition in the year 2009 initially against part of letter dated 17-05-2009 contained in annexure-12 by which he was shown to be working on the post which was an unsanctioned post of lecturer in the department of political science. His case was that subsequently appointed lecturers have been wrongly shown to be occupying 3rd and 4th post which should not have been done and petitioner should have been treated to be working against those sanctioned posts. During the pendency of the writ petition an order dated 27-04-2010 was issued by the Secretary of the Governing Body of the aforesaid college terminating the services of the petitioner on the basis of an enquiry report. That order contained in letter dated 27-04-2010 was brought on record as annexure-24 through I.A. No. 5778/2011 and now the prayer of the petitioner is also for quashing of the said order.

(3.) There is no dispute that the college is a religious minority institution and is affiliated to Magadh University and it also receives aid from the State Government. The impugned order contained in annexure-24 shows that show cause was called from the petitioner through registered post within 30 days but when show cause was not received, opportunity to participate in the enquiry was granted by issuing advertisement in the newspapers. Allegedly the petitioner did not participate and hence, a two men internal enquiry committee submitted its report which was considered by the Managing Committee of the college and ultimately it passed the order dismissing the petitioner from service with effect from 26-04-2010.