CHANCELLOR,UNIVERSITIES OF BIHAR Vs. DINESH PRASAD SINHA

JUDGEMENT

(1.) Heard Shri R.K. Giri, learned counsel for the Chancellor and Shri Shivendra Kishor, learned Senior Counsel for the Magadh University and Shri Ashutosh Ranjan Pandey, learned A.A.G.-15 for the State as well as Shri Rabi Bhushan Prasad-I, for the respondent-petitioner.

(2.) His Excellency-the Chancellor and the officials are in appeal before us questioning the correctness of the judgment of the learned Single Judge whereby the writ petition filed by the respondent-petitioner has been allowed and the order dated 28th of July, 2018 subjecting the respondent- petitioner to transfer pending an enquiry has been quashed.

(3.) The learned Single Judge has held, that the Chancellor since exercises appellate powers, therefore, he could not have proceeded to pass an order, that too even on the complaint of a Member of Parliament. The learned Single Judge has further held that this would amount to taking away the right of appeal of the respondent-petitioner and consequently denying the statutory remedy to him would also be a violation of law. The learned Single Judge has further relied on Purtabpore Co. Ltd. Vs. Cane Commissioner of Bihar and Ors. (AIR 1970 SC 1896) as well as a Division Bench judgment of this Court in case of Abdul Muttalib Vs. The State of Bihar and Ors (1985 PLJR 931) to come to the conclusion that an order passed at the behest of the superior would be a nullity.