VIJAY PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the opposite parties.

(2.) Petitioner, who was the Secretary, Human Resources Development Department (Higher Education), Government of Bihar at the time of filing of the Complaint Case No. 922(C) of 1999 and was arraigned as Accused No. 5 in the said complaint, has assailed the order dated 21.8.1999, passed in the said complaint case by Sri Anil Kumar Singh, Judicial Magistrate Ist Class, Patna, whereunder the learned Magistrate being prima facie satisfied about the allegations set out in the complaint petition that the offences under Sections 406, 420 and 120-B of the Indian Penal Code is made out against the accused persons, including the petitioner, has taken cognizance of the aforesaid offences against the petitioner and other accused persons.

(3.) Perusal of the complaint petition, as contained in Annexure-1 to this application indicates that Sri Guru Govind Singh College a minority institution while remained affiliated to the Magadh University, Balbir Singh, Principal of the said college appointed his wife Jasbir Kaur as a Lecturer with effect from 1.7.1976. During the period said college had the affiliated status Jasbir Kaur drew her salary from two institutions, namely, Notre Dame School Patliputra Colony, Patna as also from Sri Guru Govind Singh College. It further appears from the perusal of the complaint that in 1985 the State Government announced the take over of 40 affiliated colleges, including that of Sri Guru Govind Singh College, Patna City. Pursuant to the aforesaid announcement, an agreement was signed between the Magadh University and the governing body of those 40 colleges, including the governing body of Sri Guru Govind Singh College, Patna City on 12.6.1986, which is contained in Annexure-2 to this application. It also appears from the said complaint that Magadh University later notified the take over of the aforesaid 40 colleges, including that of Sri Guru Govind Singh College, Patna City, vide Notification of the Magadh University dated 13.6.1986. Annexure-3 to this application. Under instructions, bearing Memo. No. 181/C dated 18th December, 1989 issued by the Principal Secretary and Commissioner, Human Resources Development Department Bihar State Government granted approval to the take over of the teaching and non-teaching employees of the aforesaid 40 colleges, including that of Guru Govind Singh College Perusal of the instructions dated 18th December, 1989 further indicates that take over of the services of Balbir Singh and Jasbir Kaur was also approved by the State Government. Later, Vigilance Department of the State of Bihar made enquiry into the take over of the aforesaid 40 colleges, including that of Sri Guru Govind Singh College as also in regard to the take over of the teaching and non-teaching staffs of those colleges, including that of Balbir Singh and Jasbir Kaur and found the take over of the colleges, including that of the teaching and non-teaching employees to be contrary to law and submitted a report giving reasons, in support of its said conclusion. It further appears from the complaint that the complainant questioned the appointment and payment of salary to both Balbir Singh and Jasbir Kaur and in support of the said challenge has relied on the findings recorded by the Vigilance Department of the State of Bihar.