AJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Amit Shrivastava, learned Senior Advocate, duly assisted by Mr. Prashant Kumar, learned Advocate for the petitioner, Mr. P. K. Shahi, learned Senior Advocate along with Mr. Siddharth Kumar, learned Advocate for the Chancellor, Universities of Bihar. The University is represented through Mr. Nadim Seraj, learned Advocate. Learned Advocate for the State is also present.

(2.) The petitioner is the Vice-chancellor of the Patna University has invoked the extra ordinary jurisdiction of this Court seeking quashing of the order, as contained in Memo No. PU (HG)-08/2025-1948/GS (I) dtd. 16/10/2025 (Annexure- P/9) issued under the signature of Principal Secretary to Governor, by the order of Hon'ble Chancellor by which in exercise of powers conferred under Ss. 10 and 12 of the Patna Universities Act, 1976 (hereinafter referred to as 'the Act, 1976') and the other enabling provisions; a One Member Enquiry Committee has been constituted; Further Prof. Nagendra Kumar Jha, and OSD (J), Governor's Secretariate have been directed to assist the enquiry. It is further directed that the petitioner shall proceed on compulsory leave until the completion of the enquiry and Prof. (Smt.) Namita Singh, Department of English, A. N. College, Patliputra University, Patna has been directed and ordered to function as the Officiating Vice-Chancellor of the Patna University until the completion of the enquiry or until further orders.

(3.) Mr. Amit Shrivastava, learned Senior Advocate for the petitioner referring to Ss. 10 and 12 of the Act, 1976 has primarily contended that though no materials are available on record warranting any enquiry, albeit even before placing the petitioner under enquiry, at least an opportunity should be accorded to him or a notice must be caused to be served upon him, as it is the mandate of Sec. 12(2) of the Act, 1976. In absence thereof, the order impugned is bad.