SUDHIR KUMAR Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) The Petitioner has filed this writ petition, under Art. 226 of the Constitution, as a Public Interest Litigation, seeking writ of mandamus directing the Ranchi University, Ranchi (Respondent No. 1) and its Vice Chancellor (Respondent No. 2) to lodge a criminal case against Respondent Nos. 3 to 6 for misuse of official power, committing misappropriation of public fund and cheating the Respondent University in conspiracy with each other and also to initiate a proceeding for recovery of huge public fund, which has been misappropriated by paying salary to Respondent No. 3 as teacher of Mandar College, teacher of Women's College, Ranchi, and also in the head of Junior Research Fellowship, at a time, causing serious wrongful loss to the Respondent No. 1 in conspiracy with each other and under the influence of the Respondent No. 3, who is the husband of the Respondent No. 4. Prayer for initiation of disciplinary proceeding against the said Respondents has also been made.

(2.) Pursuant to the notice issued by this Court, the Respondents have appeared through their respective counsel and have filed counter-affidavits. The Petitioner has not filed rejoinder affidavit in reply thereto. We have heard the learned Counsel for the parties.

(3.) The basis for seeking aforementioned relief are the allegtions contained in the writ petition to the effect that the Respondent No. 4 has withdrawn salary from the two Colleges, besides stipend under Junior Research Fellowship from the University Grants Commission during the same period. Elaborating further, it has been stated that the Respondent No. 4 has withdrawn Rs. 600.00per month till Oct., 1985 as stipend under Junior Research Fellowship from the University Grants Commission and during the same period she joined Ranchi Women's College and received a cheque for a sum of Rs. 535.00 towards salary for the period from 31.3.1985 to 30.4.1985 from that College. It is also stated that Respondent No. 4 also received Rs. 400.00 as salary in March, 1985, from Mandar College, Mandar.