GAURI SHANKAR ROY KISHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner seeks to assail the order dated 2.3.2003 whereby and whereunder he was removed from the post of the Head of the Department of the Post Graduate Department of the Psychology in L.N. Mithila University on administrative ground and was sought to be replaced by one Dr. (Smt.) Bharti Ray, the Respondent No. 4.

(2.) LEARNED Counsel for the petitioner submits that the aforementioned order dated 2.3.2003 is per se illegal inasmuch as the petitioner being admittedly senior to Respondent No. 4 and in fact being the seniormost teacher of the University in the Department of Psychology, ought to have been not removed from the post of Head of the Department without a show cause notice and/or opportunity of hearing. In this connection he also refers to an order dated 30.6.2005 passed in CWJC No. 1157 of 2000 whereby and whereunder this court noticing the grievance of the petitioner, Respondent No.

(3.) COUNSEL for the University despite being given repeated indulgence vide order dated 1.8.2006 and 12.3.2008 has however not chosen to file a counter affidavit. Counsel for the University, however, submits that the writ application filed by the petitioner after delay of two years is not maintainable and he further submits that there is no law which lays down the requirement for appointing the seniormost person as the Head of the Department.