DINESH PRASAD SINHA Vs. MAGADH UNIVERSITY BODH GAYA

JUDGEMENT

(1.) Heard learned counsel for the parties concerned.

(2.) The brief facts of the case are that the petitioner was working as Principal, Gaya College, Gaya. There are charges of financial misconduct and embezzlement against the petitioner, for which, a preliminary enquiry was conducted by the Magadh University, Bodh Gaya and certain observations were recorded against the petitioner. The Enquiry Committee arrived at the finding that in-depth and detailed enquiry into the serious charges of financial irregularities and administrative lapses is required which is only possible when the petitioner is sent away from this College and proper and adequate security forces be deployed to ward of any untoward incident impeding the enquiry against him. The preliminary inquiry report was submitted on 25/7/2022 but in the intervening period, the petitioner was transferred on 9/6/2022 from Gaya College, Gaya to T.S. College, Hisua, Nawada. Being aggrieved against his transfer order, the petitioner moved a writ application before this Court bearing C.W.J.C. no. 9596 of 2022 and vide order dtd. 14/7/2022, the order of transfer of the petitioner was stayed by this Court and thereafter, the aforesaid writ petition was withdrawn on 13/12/2022. In the meanwhile, the petitioner was suspended by the University vide order dtd. 20/8/2022. The petitioner has filed the present writ application challenging the aforesaid order of suspension dtd. 20/8/2022.

(3.) Learned counsel for the petitioner submits that vide letter dtd. 11/8/2022, the petitioner was directed to submit his reply as to why administrative action be not taken against him for the act of gross misconduct, indiscipline and insubordination but the show cause issued by the Vice-Chancellor of the University was not served upon the petitioner and accordingly, notification dtd. 20/8/2022 was issued by the Registrar, Magadh University, Gaya, by which the petitioner was put under suspension on the charges of grave financial irregularities in contemplation of departmental proceedings. On 29/8/2022, memorandum/ article of charges were served upon him, which includes the charges of swindling the University funds to the tune of Rs.43.00 lacs approximately along with other charges. He further submits that the petitioner, after receipt of memo of charge, submitted his show cause reply by letter dtd. 1/9/2022. Admittedly, the Enquiry Officer as well as Presenting Officer were appointed for conducting the departmental proceeding against the petitioner. He next submits that the petitioner has been kept suspended since 20/8/2022 i.e. beyond the period of one year in violation of the statutory provisions as contained in Statute no. 1 (10)(2)(3) of The Statutes. He also submits that the University could not keep the Principal/ Teacher suspended for more than one year. He also submits that pending departmental proceedings, the University has constituted a fresh Enquiry Committee dtd. 12/4/2023, as such, submission is that two parallel enquiry cannot be allowed to be continued against the petitioner, A departmental proceeding is already pending against him.