LAWS(PAT)-2003-9-94

BINDESHWARI PRASAD Vs. STATE OF BIHAR

Decided On September 22, 2003
BINDESHWARI PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) IN this writ petition, the Petitioner, who claims to have retired as Lecturer in the Department of Physics of D.A.V. College, Siwan under the Respondent J.P. University, is aggrieved by the orders dated 8.7.1999 and 20.8.1999, contained in Annexure 4 and 5 respectively, whereby the University has passed order that he shall be deemed to have been retired with retrospective effect of 31.3.1998 and the salary and allowances/advances drawn by him beyond 31.3.1998 are to be recovered from retirement benefits due to him. By Annexure 4, the Principal of the College has been directed to initiate an appropriate proceeding for his alleged misconduct to retain himself in the service beyond his actual date of superannuation on the basis of forged Matriculation certificate. By Annexure 5, the University has directed for recovery of the excess amount along with interest payable at Bank rate from the gratuity payable to the Petitioner. The Petitioner has also sought direction to the Respondents to pay entire admitted dues as well as other benefits attached to the post for which he is entitled in accordance with law with statutory interest.

(2.) EARLIER , this Court, vide order dated 10.9.2003, directed the Respondents to come with redressal of the grievance of the Petitioner. On 15th September, 2003, a counter affidavit was filed on behalf of the Vice -Chancellor and officials of Baba Saheb Bheem Rao Ambedkar Bihar University, but there was no response from the Respondent Vice -Chancellor of J.P. University. Accordingly, this Court directed for initiation of suo motu contempt proceedings against him and, further, directed him to personally appear and file his show cause on 19th September, 2003, when the matter was directed to be listed under the same heading within top five cases along with the contempt matter. On 19th September, 2003 the Vice -Chancellor of J.P. University had personally appeared and filed his show cause. However, as some grievance of the Petitioner was not redressed till then, this Court on the request made on his behalf, passed over the matter for being taken up today.

(3.) LEARNED Counsel for the Petitioner has submitted that in view of the law settled by the Apex Court in the case of Sahib Ram V/s. State of Haryana ( 1995 Supp (1) SCC 18) as well by this Court in the case of Smt. Sushma Prasad V/s. The State of Bihar (2000 (1) BLJ 182) : 2000(2) PLJR 96, recovery pursuant to the impugned order is not permissible.