JAGANNATH MISHRA Vs. STATE

JUDGEMENT

(1.) The petitioner has come up before this Court through this application under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari for quashing the Notification No.99/C, dated 21-4-1986, as contained in Annexure-2, issued by the Secretary, Education Department, Government of Bihar, dispensing with the services of the petitioner as the Chairman-cum-Director General of Lalit Narayan Mishra Institute of Economic Development and Special Change, Patna (hereinafter referred to as the Institute), and further for issuance of a consequential writ in the nature of mandamus directing and commanding respondent Nos. 1 and 2 to pay the petitioner his salary and other admissible allowances with effect from the date of the aforementioned notification and also to restrain them from interfering in any manner with the functioning of the petitioner as Chairman-cum-Director General of the Institute.

(2.) The portrayal of the facts are short and simple. In the year 1973, under the Chairmanship of the petitioner the Bihar Institute of Economic Development was started as a Research Institute, which was later on renamed as 'Lalit Narayan Mishra Institute of Economic Development and Social Change, Patna to commemorate the memory of Late Lalit Narayan Mishra, once upon, Minister for Railways in the Union Cabinet. In the year 1974, the Institute was recognised by the Magadh University and subsequently the Universities of Ranchi, Patna and the Bihar granted recognition to it as a Research Institute. In March, 1977 the Magadh University declared it as an autonomous institute under Section 73 of the Bihar State Universities Act, 1975. At its meeting dated 8-6-73, the governing council of the Institute decided to upgrade the permanent post of the Director as a permanent post of Director General and appointed the petitioner to that post on a monthly salary of Rs. 3500/- besides other facilities, such as telephone, personal staff, conveyance and allowances, viz. D. A. and Housing etc. and a communication was sent to the petitioner by the Director of the Institute by letter No. 29/83, dated 31-8-1983, a copy of which has been attached as Annexure-1 to this petition.

(3.) The Government of Bihar promulgated an Ordinance No. 15 of 1986, dated 19th April, 1986, taking over the Institute and as a follow up action terminated the services of the petitioner and its Registrar, namely Sri Jagdanand Jha, by a Notification, Annexure-2 purported to be under Section 6 of the Ordinance, issued by the order of the Governor, Bihar under the signature of the Secretary, Education Department, Government of Bihar.