RAMASWARUP NARAYAN SINHA Vs. MAGADH UNIVERSITY

JUDGEMENT

(1.) The petitioner, by this application under Articles 226 and 227 of the Constitution of India prays for quashing the notification (annexure 5 to the writ petition) placing him under suspension with effect from 23rd of September, 1974, 10 A.M. copy whereof was forwarded to him by memo No. I Gen(I)3000/74-1956 dated September 21, 1974.' The order of suspension was passed by the Vice-Chancellor (respondent No. 2) of Magadh University (respondent No. 1) and copy thereof was sent to the petitioner by the Registrar (respondent No. 3) of the said University.

(2.) Shri Edal Singh, father of respondent No. 5, created a trust on 18th of April, 1919, and Nalanda College, Bihar-sharif (hereinafter called 'the College') was established in the year 1920. It was to be maintained out of the income of the properties of the Trust. Under the terms of the trust deed, the trustees had the sole authority to form the Governing Body of the College. In the year 1951, the college was affiliated to Bihar University and remained so till the year 1961. After the establishment and incorporation of the Magadh University, the college became affiliated to that University in the year 1962. The petitioner, as his case is, was appointed permanent Principal of the college in the year 1961. In the year 1970 the college became a constituent college of the said University. A registered deed of agreement dated 8th of June, 1970, was entered into between respondent No. 5 as the executor of the said trust and the Secretary of the college and the Registrar of Magadh University for the purpose. One of the terms of the agreement was that the existing terms and conditions of the teachers and other employees of the college would not be affected by the said conversion.

(3.) The petitioner alleges that Shri Ram Raj Prasad Singh, the present Education Minister of the State of Bihar (respondent No. 6) hails from Nalanda District and was ill-disposed towards the petitioner on account of some extraneous considerations. As soon as Shri Singh took charge as Education Minister on 30th of April, 1974, he made up his mind to get rid of the petitioner from the college. Under the influence of respondent No. 6, respondent No. 2 transferred the petitioner under a notification (Annexure "1") Memo No. 956/G.I./dated 2-5-1974 from the college to Magadh University as Professor-in-charge, Development, though such post does not exist or existed, and one Dr. N. C. Agrawal, Reader and Head of the University Department of Applied Economics and Commerce to the post of Principal of the college. As the post of Processor-in-charge, Development, was much inferior to that of a Principal of a constituent college, on 8th of May, 1974, the petitioner made a representation to respondent No. 2 against the order of his transfer but the latter kept quiet. On 18th of May, 1974, respondent No. 2 sent a letter (Annexure "2") to the petitioner through special messenger directing him to hand over charge of the office of Principal to Shri D. Chatterjee (respondent No. 4) and directing the petitioner to join his new. post by 21st of May, 1974. The petitioner then instituted title Suit No. 88 of 1974, on 21st of May, 1974, in the Court of Subordinate Judge, Bihar-sharif, challenging the notification of his transfer as illegal, void, mala fide, unconstitutional, without jurisdiction and violative of principle of natural justice. The petitioner further prayed for a permanent injunction restraining the defendants of that suit (respondents Nos. 2, 3, 4 and 5 of this writ petition) from transferring the petitioner from the post of Principal of the college and also restraining respondent No. 4 from taking over charge from the petitioner. The petitioner also made an application before the trial court for issue of an ad interim injunction. The Subordinate Judge by his order dated 21st of May, 1974, issued notices to respondents 2, 3 and 4 to show cause as to why ad interim injunction should not be granted. He, however, did not grant an ad interim injunction. Respondent No. 2 having come to know of the issuance of the show cause notice lost control over himself and out of anger immediately rushed to Biharsharif on 22nd of May, 1974 and from the camp there issued an order (Annexure "3") disclosing therein that respondent No. 4 would be deemed to have taken over charge as acting Principal of the college with effect from the afternoon of 22nd of May, 1974. On 23fd of May, 1974, the petitioner brought to the notice of the trial court that respondent No. 2 was out to see/that the petitioner's suit somehow or other became infructuous and again prayed for issue of an ad interim injunction. That court again did not issue ad interim injunction. Against the order dated 21st of May, 1974, passed by the trial court refusing to grant ad interim injunction the petitioner appealed to the District Judge, Patna. His appeal was numbered as Misc. Appeal No. 61 of 1974 and the District Judge after admitting the appeal, ordered the parties to maintain status quo as prevailing on 21st of May, 1974. The appeal was transferred to the court of 4th Additional District Judge, Patna, for disposal. By his judgment and order dated 29th of July, 1974, the 4th Additional District Judge, Patna, allowed the appeal. As a result thereof the petitioner is still continuing as the Principal of the college. Respondent No. 2 became all the more angry on account of the order of the appellate court, made it an issue of prestige and in order to feed fat his grudge and teach a lesson to the petitioner, vindictively passed the order of suspension against him which is under challenge in this writ application.